I. INTRODUCTION
Is the Nationality Act of 1940 the proper starting point for analyzing the scope of “subject to the jurisdiction” as a statutory term? Should the inquiry begin in 1872 (or 1927) instead?
In evaluating the breadth of “subject to the jurisdiction” as a statutory term, a First Circuit panel indicated it was guided by the meaning it concluded the term carried in 1940 and 1952.[1]
The 1940 Nationality Act, which defined the U.S. to include Puerto Rico and the U.S. Virgin Islands,[2] states that “[a] person born in the United States, and subject to the jurisdiction thereof” acquires U.S. citizenship at birth.[3] The next section of the Act provided:
“All persons born in Puerto Rico on or after April 11, 1899, subject to the jurisdiction of the United States, residing on the effective date of this Act in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are hereby declared to be citizens of the United States.”[4]
This provision, according to the report from a trio of cabinet secretaries that proposed it, “places Puerto Rico on a par with the Virgin Islands with regard to the effect of birth therein since its annexation to the United States.”[5]
“Subject to the jurisdiction” appears in a citizenship statute as far back as 1872 (continued by § 1995 of the Revised Statutes).[6] It became the rule in the Virgin Islands in 1927.[7]
[1] Opinion, Doe v. Trump, No. 25-1169 (1st Cir. Oct 03, 2025) https://storage.courtlistener.com/recap/gov.uscourts.ca1.52521/gov.uscourts.ca1.52521.00108348619.0.pdf#page=47
[2] Nationality Act of 1940, Pub. L. 76-853, Oct. 14, 1940, title 1, ch. 1, § 101(d), 54 stat. 1137: https://www.govinfo.gov/content/pkg/STATUTE-54/pdf/STATUTE-54-Pg1137.pdf
[3] Id., ch. 2, § 201(a), 54 stat. 1138.
[4] Id., § 202, 54 stat. 1139
[5] A Report Proposing A Revision and Codification of the Nationality Laws of the United States, Prepared at the Request of the President of the United States, by the Secretary of State, the Attorney General, and the Secretary of Labor, Part One: Proposed Code with Explanatory Comments at 14, 76th Cong., 1st Sess. (Comm. Print 1939) https://web.archive.org/web/20250305041311/https://prawfsblawg.blogs.com/files/1940nat-act-comm-print-pt-1a.pdf#page=22
[6] Act of May 18, 1872, ch. 172, § 3, 17 stat. 134: https://www.govinfo.gov/content/pkg/STATUTE-17/pdf/STATUTE-17-Pg122.pdf#page=13
1 Revised Statutes 351, § 1995 (1875) “All persons born in the district of country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States on the 18th May, 1872, are citizens in the same manner as if born elsewhere in the United States.” https://books.google.com/books?id=8Prhyw0MJWoC&pg=PA351
[7] Act of Feb. 25, 1927, ch. 192, § 3, 44 stat. 1235 “All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States.” https://www.govinfo.gov/content/pkg/STATUTE-44/pdf/STATUTE-44-Pg1234.pdf#page=2
First three shots have been open frame, spare, strike.
Let’s see if it continues with the upward trajectory.
Here's the story
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I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.
Bibi sold his own people out to Pfizer and the jabs.
Bibi and top officials knew about Oct 7th before hand and had a stand down.
Bibi and his administration have been funding Hamas for years.
Bibi stated in the last few days he has wanted this war for 40 years.
Bibi has been to the White House or White House South six time in this 2nd term.
Word on the street, the US, therefore Israel, is going to run out of weapons.
Prediction if Bibi and his administration believe they will or are losing or the US starter to back out:
There will be a false flag event in Israel, blowing up some major population center, religious icon structor in the Holy Land, etc and it could even be done with a tactical nuclear weapon/dirty bomb and blaming Iran. This will keep the west in the conflict because if they pullout then, even though Bibi's government did it, you will be known as antisemitic. No Western government can be allowed to be called antisemitic, so Iran will have to be destroyed. WW3. These ...
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I. INTRODUCTION
A. Art of the Week
B. Recommendation of the Week
C. Wisdom of the Week
D. Appearances
II. THE EVIDENCE
A. Barnes Library: Curated Weekly Articles of Interest
*Bonus: Bald eagle rescued. https://abc7ny.com/post/nypd-officers-describe-rare-rescue-trapped-american-bald-eagle-icy-hudson-river-nyc/18616678/
B. Best of the Board: Five Fantastic Posts of the Week
*Bonus: Bondi mockery. https://vivabarneslaw.locals.com/post/7703469/spotted-all-over-washington-dc-while-i-normally-don-t-share-the-political-views-of-people-in-dc
**Bonus: Weekly Wisdom. https://vivabarneslaw.locals.com/post/7704649/the-intersection-of-politics-youtube-commentary-and-critical-traffic-infrastructure-https-you
C. Homework: Cases of the Week for Sunday
*Lobbyist disclosure laws. https://www.law.cornell.edu/uscode/text/2/chapter-26
**Lobbying disclosure guidelines. https://www.senate.gov/legislative/resources/pdf/S1guidance.pdf
***Transanity in Canada. https://vivabarneslaw.locals.com/post/7704549/tribunal-ruling-out-of-british-columbia-canada
III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Tariffs
I. INTRODUCTION
A. Art of the Week
B. Recommendation of the Week
C. Wisdom of the Week
D. Appearances
II. THE EVIDENCE
A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own.
A. Barnes Library: Ten of the Top Curated Weekly Articles
B. Homework: Cases of the Week for Sunday
*Bonus: Livenation Ticketmaster Antitrust https://www.hollywoodreporter.com/music/music-industry-news/live-nation-doj-lawsuit-after-gail-slater-resignation-1236504011/
**Bonus: NCAAF eligibility suit. https://www.knoxnews.com/picture-gallery/sports/college/university-of-tennessee/football/2026/02/13/joey-aguilar-eligibility-hearing-tennessee-vs-ncaa/88659399007/
***Bonus: AI plagiarism win. https://www.newsday.com/long-island/education/adelphi-university-ai-plagiarism-lawsuit-oh07enyz
C. Best of the Board: Ten of the Top Posts
III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Elections