“This will not include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”
The understanding of Sen. Howard is not determinative of the meaning of the Citizenship Clause, but lets assume it is. When I read this, it seems to me Howard is saying that only foreigners who belong to the families of ambassadors are excluded, not foreigners in general.
I think you are reading in an “and” that isn’t there. I would also urge you to read the entire debate in which that quote appears, and remember that Howard did not write those words—they are transcribed from a floor debate.
There might be a good originalist argument for your interpretation of the 14th Amendment, but I don’t think it comes from that quote.
You should read this from a co-author of the 14th Amendment:
“Who are natural-born citizens but those born within the Republic? Those born within the Republic, whether black and white, are citizens by birth–natural-born citizens. There is no such word as white in your Constitution. Citizenship, therefore, does not depend upon complexion any more than it depends upon the rights of election or of office. All from other lands, who by the terms of your laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural-born citizens. Gentlemen can find no exception to this statement touching natural-born citizens except what is said in the Constitution in relation to Indians.”
Cong. Globe, 37th Cong., 2d Sess. 1639 (1862) (statement of Rep. Bingham)
Seems to me he is imply lawful entry and naturalization are prerequisites.
“The understanding of Sen. Howard is not determinative of the meaning of the Citizenship Clause, but lets assume it is.”
No, why should it be just because he wrote it and explained in detail what he meant /bonghit