Kaystein wrote:Here NS, Hold my beer.
https://www.law.cornell.edu/uscode/text/8/1401
According to U.S. Code § 1401. Nationals and citizens of United States at birth
"The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;"
um.. let's see, I'm missing something else here..
https://www.law.cornell.edu/constitution/amendmentxiv
According to the fourteenth amendment of the US constitution, Section 1
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
https://www.law.cornell.edu/constitution/articlevi
Further, according to article six of the US constitution
"All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States."
Underlining "this constitution" which the comma treats it coming first, which matters because it's put as superior to any laws made separately by the United States government that's not an amendment. Underlining "and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding" Because all judges are bound to the constitution first above all when performing their jobs.
Therefore, in my understanding the judge's ruling about anybody being born in the United States not having citizenship is rendered null and void. The father being a diplomat doesn't matter; because any and all laws relevant to that is overruled/superseded by the constitution's amendments, 14 and 6.
The person can return here if they wish, and be put promptly into prison. Their innocence isn't a question (they're guilty of war crimes imo). Neither should be their citizenship.
Reportedly the judge concluded that he didn't have the ability to question the State Department's assertion that neither Hoda nor her father were "subject to the jurisdiction thereof" between the time he left his post at the Somali mission to the UN, before she was born, and the time the US mission to the UN was notified he had left his post, afterwards. We shall see.