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PandaLaw6 karma

It doesn’t say foreign diplomats outright, but that’s who that clause is referring to. When a foreign diplomat commits a crime, the US can’t really arrest and prosecute them. Usually nothing happens, and at best we can report it to their home country and deport them. Diplomacy only really works when diplomats are exempt from the general jurisdictional rules of the country they’re working in.

Whereas there’s really no question that illegal immigrants are under the jurisdiction of the US, in accordance with what’s known as the territorial principle. Illegal immigrants obviously aren’t exempt from anything, and they’re arrested and prosecuted on a regular basis.

The 14th Amendment was designed to address slaves and the children born of slaves, rather than the children of illegal immigrants. There’s definitely an argument to be made that the purpose of the jus soli clause of the 14th Amendment was fulfilled when the last child of a former slave was born, which was probably in the early 20th century. However, we also don’t want a bunch of stateless and otherwise innocent children running around the Western Hemisphere.

PandaLaw4 karma

In the Windsor opinion, Kennedy was highly reliant on the idea that the GLBT crowd is "politically unpopular." What are your thoughts on an assertion like that, and how long do you think this kind of status will last?