I think that the "and" in the 14th Amendment, by imposing two conditions, makes it clear that one can be subject to US jurisdiction but outside of the United States. If the clause only referenced jurisdiction it would be a different matter. There are already people who aren't in the US by any definition of the term, but are nonetheless recognized as being subject to US jurisdiction. For instance, a man in Guatemala who enters into a business contract with a man in Texas might be subject to US jurisdiction even if he's never been to the US in his life.
p
I think that the "and" in the 14th Amendment, by imposing two conditions, makes it clear that one can be subject to US jurisdiction but outside of the United States. If the clause only referenced jurisdiction it would be a different matter. There are already people who aren't in the US by any definition of the term, but are nonetheless recognized as being subject to US jurisdiction. For instance, a man in Guatemala who enters into a business contract with a man in Texas might be subject to US jurisdiction even if he's never been to the US in his life.
More options
Context Copy link