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Culture War Roundup for the week of February 24, 2025

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I'd read "Subject to the Jurisdiction" to mean that the person - regardless of where they happen to be living in the world at that particular instant - is morally obliged to follow the US's rules.

I'm an American so, regardless of where I live in the world, I have to file US taxes, follow some US laws, and if there was a war, I'd be subject to a draft.

Contrast this with my relationship to the English. The English Monarch could - in theory - send me a letter informing me that I'm in violation of his laws regarding proper speech and respect for the crown. The correct response would be to laugh and frame the paper; I have no moral obligation to follow English law because I'm not currently in England and - more importantly - am not a subject of the English Monarch.

It's true that the English King could - in theory - exercise some authority over me. The SAS is pretty competent, so I'm sure they could (if they wanted) find me in the US, put a bag over my head, and drag me to England. Or the King's prosecutors could grab me when I passed through Heathrow Airport on my way to some third country. But, that kind of action feels less morally legitimate than the King seeking to control one of his proper subjects.

It's also true that if I visited England on vacation, I'd become subject to British law on a temporary basis; I'd get arrested if I started stealing things or vandalizing pubs. But that authority only lasts as long as I'm on British soil. I wouldn't become a Royal Subject just because I took a vacation.

How does your interpretation jive with Wong Kim Ark? His parents were Chinese subjects, so if they were living elsewhere in the world, they wouldn't be morally obliged to follow the US's rules. If the US has a draft, they wouldn't have been called, but if the Chinese Emperor calls on their service, they're obliged to follow. Do you think the court decision was wrong, in this case? (totally an option by the way)

I'd lean towards "wrongly decided" but might do a cowardly dodge and say that in 1897 the difference between temporary and permanent immigration statuses was less well defined and that modern decisions should rely on nuances that probably didn't exist in 1897.

Using the 2024 system, I'd say that someone is subject to the jurisdiction of the US in-as-far as they've assented to giving the US a worldwide interest in their behavior. This is the case with Green Card holders, who have to pay US taxes wherever they live. But it isn't the case with more temporary visas.