Quote:1. I think it is quite a stretch, a stretch so far that no court would uphold it. Trying to use "jurisdiction" as a loophole would end in failure based upon the simple fact that, as jagibelieve pointed out, every single person in the US (aside from the few covered by diplomatic immunity) is under the jurisdiction of its laws, including a newborn child.

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Jurisdiction understood as allegiance, Senator Howard explained, excludes not only Indians but “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.” Thus, “subject to the jurisdiction” does not simply mean, as is commonly thought today, subject to American laws or courts. It means owing exclusive political allegiance to the U.S.