[Seizethecarp]

“Considering the circumstances surrounding the framing of the Constitution, I submit that it is unreasonable to conclude that “natural-born citizen” applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the Presidency, while children of our citizens, born abroad, were not.” (WKA dissent)

Progressives have seized on this interpretation of the WKA majority opinion to create anchor babies. The WKA majority justices CANNOT be blamed for this, IMO. The WKA majority protected the Minor court's definition of NBC by NOT changing it and NOT applying it to WKA.

This claimed “conclusion” in the dissent was rejected and refuted by the WKA majority. The majority explicitly affirmed the Minor court's definition of NBC by leaving it untouched. The WKA majority took up the citizen rights of non-NBC children of aliens about whom there was doubt regarding their citizenship, NOT their NBC status. The WKA majority expanded citizenship rights to this subclass of non-NBC children of domiciled aliens at birth.

On its face this dissent does not correctly state the conclusion of the majority that WKA was as much a citizen as a natural born citizen, but did NOT declare WKA to BE an NBC!

The WKA dissent has ZERO value as precedent and is not even dicta.

[PA-RIVER]

However, the dissenting justices were correct in that anti American communists and tyrants would construe the majority decision to allow foreign citizens access to drive our country into bankruptcy and ruin.

So the dissenters need to be praised for their insight.