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Notes -
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.
Right, and conversely, it can be the other way 'round, too. One can be inside the United States, but not subject to the jurisdiction thereof. Pretty much everyone would agree on examples like Napoleon or his diplomats. Questions start to become interesting when we consider, say, foreign armies with/without the consent of the sovereign or Indians, at which point, the natural question is to inquire as to "the relevant sense" of the phrase. One might even wonder if such a man in Guatemala who enters into a business contract with a man in Texas satisfies "the relevant sense" of the phrase. Maybe he does!
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