Q: Why is the term "State" capitalized in 8 USC 1101 (36) (follow up/part 2)
My friend stated that the explanation given for the term State being capitalized showing that in this context that more than just the 50 states are considered states in this code was not correct as he said that it goes against the ruling established in Meese V Keene "It is axiomatic that the statutory definition of the term excludes unstated meanings of that term." He also went on to include something about actual foreign territories such as the ones that are listed being covered under the term "foreign state" (seen in 1101 (14)). He says that the 14th amendment doesn't apply to him as he isn't from the "State". I know its confusing but I just really need some help on this
A:
When the term "State" is capitalized in 8 USC 1101(36), it does have a specific legal definition that goes beyond the 50 U.S. states. In this context, "State" can include territories, possessions, and other areas under U.S. jurisdiction, which is why it’s broader than the common use of the word. The capitalization indicates a defined term within the statute that must be understood in accordance with that definition.
Your friend refers to the ruling in *Meese v. Keene* to emphasize that statutory definitions limit the term’s meaning strictly to what is stated in the law. However, this does not contradict the interpretation that "State" includes entities beyond the 50 states when the definition explicitly states so. 8 USC 1101 provides specific meanings for "State" and "foreign state," and they must be read and applied as defined within that particular section.
Regarding the 14th Amendment, the argument that it doesn't apply based on a narrow definition of "State" misunderstands the broader legal definitions and interpretations of federal jurisdiction and constitutional rights. Federal laws and constitutional amendments, like the 14th Amendment, have consistently been interpreted to apply to all persons within the United States and its jurisdictions, regardless of specific state definitions in other contexts. It might be helpful to consult further with a legal expert to navigate these complex interpretations.
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