What ‘Subject to the Jurisdiction Thereof’ Really Means

 Everyone should read this examination of the 14th amendment, the discussion by the proponents in 1868, and subsequent comment by an Attorney General in 1873

Everyone should read this examination of the 14th amendment, the discussion by the proponents in 1868, and subsequent comment by an Attorney General in 1873. 

 

http://www.federalistblog.us/2007/09/revisiting_subject_to_the_jurisdiction/

From an attention to the facts which have been adduced, and from a consideration of the principles established by the revolution, the conclusion I have drawn is, that Mr. Smith was, on the declaration of independence, a citizen of the United States; and unless it appears that he has forfeited his right, by some neglect or overt act, he had continued a citizen until the day of his election to a seat in this House. I take it to be a clear point, that we are to be guided, in our decision, by the laws and constitution of South Carolina, so far as they can guide us; and where the laws do not expressly guide us, we must be guided by principles of a general nature, so far as they are applicable to the present case . . . It were to be wished, that we had some law adduced, more precisely defining the qualities of a citizen or an alien; particular laws of this kind have obtained in some of the States; if such a law existed in South Carolina, it might have prevented this question from ever coming before us.