Visiting aliens and illegal aliens are subject to the jurisdiction of the USA because everyone IN the USA except for foreign diplomats and their families has to obey the law of the USA. Only those people who do not have to obey the laws of the USA are not subject to the jurisdiction of the USA.<quoted text>Sorry visiting aliens do not come under the jurisdiction of the Constitution. Illegal aliens are "outlaws" and should be dealt with accordingly.
Under the 14th amendment as ratified in 1868, Bingham was right.
The Notorious Rico has showed these cases:
Yick Wo v. Hopkins (1886)
In Yick Wo v. Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment's statement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." (Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903))
Wong Wing v. U.S.(1896)
Citing Yick Wo v. Hopkins, the Court, in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments, stating "... it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law."
Plyler v. Doe (1982)
In Plyler v. Doe, the Supreme Court struck down a Texas law prohibiting enrollment of illegal aliens in public school. In its decision, the Court held, "The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall 'deny to any person within its jurisdiction the equal protection of the laws.' Whatever his status under the immigration laws, an alien is a 'person' in any ordinary sense of that term The undocumented status of these children vel non does not establish a sufficient rational basis for denying them benefits that the State affords other residents."