Why The 14th Amendment Has That Odd Clause
I speculate the reason they added “and subject to the jurisdiction thereof” in the 14th Amendment is for the unlikely event the United States was conquered by a foreign power.
e.g., if the US was conquered by Japan and a Peace Treaty signed, and then subsequently liberated, babies born in the US during that period of time would not have been subject to the jurisdiction of the United States.
By denying those babies automatic citizenship, this keeps the former conqueror from “Manchurian Candidate” re-conquering the US through democracy.
The Founders used similar reasoning in demanding the President be born in the US. And it naturally follows, then, that the writers of the 14th might have been worried that a birth-right citizenship for kids born under an occupying power would be a problem. I mean, they’d be eligible for the Presidency, subverting the Founder’s wishes.
But the US is not conquered by a foreign power (and never has been, accepted maybe during the War of 1812). Therefore all children born in the US have been subject to the jurisdiction of the United States, and therefore are citizens.
I suspect all conservative SCOTUS justices will/would vote against Trump here. But if they don’t they will be proven to be the partisan hacks that liberals accuse them of.