General Question

tkeller's avatar

Are US Military bases considered US soil?

Asked by tkeller (23points) February 5th, 2008
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10 Answers

mastreips's avatar

First you have to ask whether the base is on US territory or otherwise. Domestically – you can have three types of jurisdiction – exclusive, joint and proprietary. Exclusive means only the US government has authority. Joint jurisdiction means that both the state and the federal government have jurisdiction. Proprietary means essentially that the federal government does not have territorial jurisdiction over the area – such a buildings leased by a federal agency from a private party and policed by the state. What determines the status is governed by statutes passed in Congress and by the negotiations between federal agencies and and the respective state governors. For military bases, governors enticed by the prospect of economic development, secede state lands to the federal government reserving all, some or none of the jurisdictional rights they had along with that land. So, on some bases, the host state has kept the right to enforce state laws and the jurisdiction is joint, in others, the host state has not reserved any rights (more typically, they will reserve the right to serve process and collect taxes though) and the jurisdiction is exclusively federal.

Now – outside of the country – the status of the land upon which a military base is located is governed by international treaty, law and what are known as Status of Forces agreements. You really have to look at the terms of that agreement to find your answer.

tkeller's avatar

Hmm, ok – I meant bases abroad. Now, if I understand correctly, the land can be owned by a foreign power (for instance, if the US is leasing the land under it’s base) but the base could still be considered US soil?

Eight's avatar

I believe embassies are considered US soil, but this doesn’t apply to military bases.

TEBOWHEISMAN07's avatar

yes it is but the bases abroad are not a place where citizens can walk onto you have to be affiliated with the base or military or government to gain access

wildcard's avatar

Military bases are also considered US soil as long as we hold sovereignty over the laws that apply there. though when we close one we usually give the land back to the country we got it from just like an embassy. since the foreign nation has no rights to enforce their laws on the base unless we allow it.

LadySaidy's avatar

Actually, US Bases and Consulate abroad are NOT considered US jurisdiction as meant by the 14th Amendment.

According to the Foreign Affairs manual, 7 FAM 1116.1–4 Not Included in the Meaning of “In the United States”
Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.

The citizenship acquired by birth on a military installation or consular facility is through the US Citizenship status of the parents. Also, any births to US citizen overseas must be registered with the consulate or authority on the base.

stealthmode's avatar

Was Barack Obama’s mother’s U S citizenship compromised when she married Barack’s father, a Kenyan citizen?

stealthmode's avatar

Gee, I’m new as of yesterday and I think I have done something wrong pertaining to my question. Did I insert it in the correct place? Will someone puh leeze tell me if I have done this correctly? I felt sure that I would have a response to my question since the other question was asked about US military bases overseas being considered US soil.

ctoday's avatar

her citizenship wasn’t compromised, she just wasn’t old enough to pass citizenship on to her child. A parent can only pass citizenship onto a child born on foreign soil if the parent in question has been a resident of the usa for at least ten years with those ten years not beginning before the age of sixteen. Obama’s mother was eighteen when he was born.

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