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Mark Smith: well I think it's even clearer than that in favor of Donald Trump.
Because in 1866 Jon there was something called the Civil Rights Act passed by Congress.
In it it says to be a U.S citizen you have to be born in the United States and you cannot be beholden to a foreign power.
After that law was passed Congress realized that another Congress could come down the pike and change the law, basically making African-American, former African-American slaves, no longer citizens.
So to make sure that did not happen they decided to take that Civil Rights Act of 1866 and enshrine it in the Constitution.
And that is what the 14th Amendment became.
Which is why the phrase "subject to the jurisdiction thereof" is essentially embraced or comes out of that Civil Rights Act of 1866 that literally says "you cannot be subject to a foreign power."
It all turns on: Are you and your parents loyal to the United States?
And if you're just passing through on the way to Hawaii for fun or you broke to the country illegally, that does not make you loyal to the United States.
And therefore, you're not subject to the jurisdiction of the United States.
And thus, you're not a citizen under the text of the 14th Amendment.
And I think that's what the Supreme Court is going to say.
And the only reason, Jon, that we haven't said it before, is because there's never been an opportunity to get in front of the courts because no one had standing to raise these kinds of arguments until now.
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Jon Scott: Jonathan Turley says that virtually no nation in Europe allows birthright citizenship.
Are you aware of any country in the world that does, aside from ours?
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Mark Smith: No, of course not.
Look, the most valuable asset on the planet, period, is becoming a United States citizen.
You'll get to be a citizen of the greatest country that has ever existed in mankind's history, right?
That's the reality of it.
So to think that you would hand these out just because you happen to be born here because your parents broke into the country is simply absurd.
You know, U.S. citizenship is a lot more than just taking free candy at the doctor's office.
It requires a lot more than that.
Specifically, it requires loyalty to the country. This is your home.
And it can't just be that your parents are passing through illegally or otherwise. And you happen to get born here.
That is simply not enough to give you a citizenship.
And the text of the 14th Amendment sort of proves that out, as does the history.
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