"United States" in the 14th Amendment refers to a reconstruction of the original united States. The original united States was dissolved in 1861, then reconstructed in a different form, but with a similar name, in 1868. In 1861 14 of the then 38 States passed resolutions each specifically stating that the Union is hereby dissolved, thereby dissolving the REQUIRED quorum in Congress. THIS WAS THE END OF THE united States of America. What we have now is a RECONSTRUCTION of what was. A reconstruction is not the original. The 14th Amendment is ITSELF a constitution of the NEW State. Clause 5 of the Amendment creates the "living" constitution, and ALL of the US Codes written since then are extension of the 14th "Amendment" PER the 5th clause.
"united States" does not appear within the 18th Amendment.
"as soon as your parent fills out the birth certificate declaring your birth in the UNITED STATES, (as opposed to the united States of America) you are presumed to be a federal person subject to FEDERAL jurisdiction."
This is not true. If the childs parents are US Citizens then this is true. If the parents are not citizens and the child is born here, then the child is not even a citizen, though the child HAS met the first requirement to be a citizen. The second requirement, "subject to the jurisdiction of", can easily be met by the parents checking the "yes" box FOR THE CHILD on a legal form that ask the question "are you a US Citizen?" or MANY other ways of putting the child under the jurisdiction.
"There is no MANDATORY REQUIREMENT for a birth certificate, so it is presumed to be a knowing and willful act of filling out the form."
This is not true. While there is no mandatory requirement for the parents to file a birth certificate, but a doctor, midwife, nurse act. ARE REQUIRED by all STATES STATUTES to file a birth certificate. They are required to file that certificate EVEN IF THE PARENTS DO NOT SIGN IT OR GIVE NAME OF THE CHILD.
"The U.S. Birth Certificate is THE MAIN EVIDENCE of birth "within the UNITED STATES"
This is not true. There is no US Birth Certificate. All birth Certificates are done by the States, there is no US Birth Certificate. It is a bit strange that you follow this statement with a PORTION of 8 CFR 320.2, which is procedure for obtaining US Citizenship for a child born outside the United States. The Code reads: "An applicant must submit the following required documents... (i) The childs birth certificate or record", and following this, that you did not post, is a long list of OTHER documents also required. The Birth Certificate that is required in this CFR is NOT a US birth Certificate, but a FOREIGN birth Certificate as this CFR specifically pertains to FOREIGN born.
As for a passport, the Birth Certificate is one of the documents that will be required to get a passport of a US CITIZEN. In showing the passport you are establishing the FIRST requirement of a US Citizen (born or naturalized), you will also have to present evidence IN ADDITION to the Birth Certificate establishing "subject to the jurisdiction of". That additional evidence is the Application in which you will be REQUIRED to answer affirmative "Are you a citizen of the United States". This is no different than asking, "are you subject to the jurisdiction of the United States?" or "do you consent to the jurisdiction of the United States?"
The court case you cite is from 1872, a VERY contentious time in regard to the 14th Amendment. The writings of those who drafted the 14th Amendment, as well as the fact that we see since 1868 US Citizenship for ANY race does indeed derive from the 14th Amendment, does indeed prove that this judges OPINION was wrong. The drafters of the 14th Amendment were clear long before it was ratified, the 14th Amendment is for the white man as well as for the black man, and the very fact that NO race is mentioned within the 14th Amendment makes it for everyone, REGARDLESS of what the "opinion" might be of its intent. The way it is worded makes it for everyone. The 14th Amendment establishes WHO has the privilege to vote, a US CITIZENS male of 21 years or older. No mention of race. So are you trying to suggest that according to the 14th Amendment, only blacks were eligible to vote???
"Ehhh, What's ups Doc?" B.Bunny "Scwewy Wabbit!"E. Fudd
People's Awareness Coalition: Deprogramming Sequence