It is about time to adjust for the reality of the late 20th and early 21st centuries and make these the majority opinion it ain't 1898 any longer.
United States v. Wong Kim Ark
[Excerpts from] MR. CHIEF JUSTICE FULLER, with whom concurred MR. JUSTICE HARLAN dissenting.
. . .
- "That all persons born in the United States
- and not subject to any foreign power,
- excluding Indians not taxed,
. . .
In other words,
- by the terms of the act,
. . .
it is argued that the words "and not subject to any foreign power" should be construed as
excepting from the operation of the statute only
- the children of public ministers
- and of aliens born during hostile occupation.
Was there any necessity of excepting them?
And if there were others described by the words,
why should the language be construed to exclude them?
. . .
They do not owe allegiance otherwise than to their own governments,
and their children cannot be regarded as born within any other.
. . .
If the act of 1866 had not contained the words, "and not subject to any foreign power,"
- neither of public ministers
- nor of aliens in territory in hostile occupation
for their birth would not have subjected them to ties of allegiance,
- whether local and temporary
- or general and permanent.
- although they were embraced by them.
- namely, the children of aliens,
- whose parents owed local and temporary allegiance merely,
- remaining subject to a foreign power by virtue of the tie of permanent allegiance,
- which they had not severed by formal abjuration or equivalent conduct,
- and some of whom were not permitted to do so if they would.
- merely by birth within the geographical limits of the United States
- that the words were inserted.
[end quote] The civil rights act of 1866 and the Fourteenth Amendment passed to make part of that act (which could be repealed) a part of the Constitution would not accept what's happening today.
These same dissenting justices elsewhere IMO cover the problem we know as Islamism explaining why Islamists should not only not have birthright but should be denied naturalization. The justices were addressing the subjects of China bound "by every conception of duty and by every principle of their religion."