However, under current laws and practice, birthright citizenship exists and has existed ever since the 14th amendment was adopted. We have 400,000 anchor babies born each year to illegal alien parents. These anchor babies are treated just like every other US citizen and have the same rights and privileges, including a US passport upon demonstrating they were born here. The only exception is childred born to accredited diplomats to the US.
If a decision ever does come before SCOTUS, current law and practice for more than 100 years will have an impact on any ruling. IMO, if Obama was born in the US, he is a US citizen.
Not so.
Except for the "natural born" i.e. children of US Citizens born in the United States or otherwise qualified under as such under Constitutional law, It has only "existed" since the Wong Kim Ark case in 1898. Admittedly that is a long time - a century - but from 1868 until the Supreme Court set all precedent, legislative history, and the clear words of the Amendment itself squarely on its head, that is for 30 years, the prevailing view was the correct one - the one I have elucidated.
Check out Elk v. Wilkins for appropriate dicta.
I'm still waiting for a case directly on point to make it to the Supremes. 100 years of Constitutional error is not precedent, and won't be ratified.
The Constitution will be.