Comment Re: And in other news... (Score 1) 506
I do not want to force anybody to do anything they do not want to do, but a condition for being a citizen of the USA is that you have to speak the language. It actually is the law, if that means anything.
Nope.
All you have to do is be born or naturalized in the USA, and subject to its jurisdiction.
Unless, you are the courts: Then, you say all you have to do is be born or naturalized, and then you are subject to its jurisdiction.
Or, if you are someone who actually paid attention to older rulings: then, all you need is for a state to consider you a citizen; once one state says you are a citizen of that state, then all states have to accept you as a citizen.
Believe it or not, that was re-affirmed in a case from (memory
I think the quote was something like, "Citizens of the united states, whether rich or poor, have the right to choose their own state; states do not have the right to reject citizens".
The issue of being a citizen of a state or not actually dates back to old court rulings that had to deal with someone that was born, and lived entirely in Washington DC, and had never lived in any state. Prior to the 14th amendment, being a citizen or not was entirely up to the states to declare; some gave that to blacks, and others did not.
It is my understanding that the _early_ supreme court rulings after the 14th amendment actually made this clear: states still could issue citizenship, and if they did not, you could claim citizenship from the central government, and then get all the federal rights in state courts.
Don't ask me when the courts started messing up -- I don't know.
But now, it's more "If you are born here, then you are automatically subject to federal jurisdiction, and the restrictions of article 1 no longer apply".