http://www.oyez.org/cases/2000-2009/2000/2000_99_2071/argument
Mr. Davis: Your Honor, I guess the question is whether the term naturalized in the Constitution also encompasses natural born citizens.
In Rogers versus Bellei suggested that it did.
Justice Breyer: Well, I... for present purposes what we're interested in is what standard of review to apply, and whether the extremely deferential standard applies to these natural born citizens.
Mr. Davis: I think it's... I think it's totally clear that jus sanguinis citizenship has a different history than naturalized citizenship and has traditionally by this Court as well as by Congress been treated differently.
Justice Scalia: But has not been called natural born citizenship?
I mean, isn't it clear that the natural born requirement in the Constitution was intended explicitly to exclude some Englishmen who had come here and spent some time here and then went back and raised their families in England?
They did not want that.
They wanted natural born Americans.
Mr. Davis: Yes, by the same token...
Justice Scalia: That is jus soli, isn't it?
Mr. Davis: By the same token, one could say that the provision would apply now to ensure that Congress can't apply suspect classifications to keep certain individuals from aspiring to those offices.
Justice Scalia: Well, maybe.
I'm just referring to the meaning of natural born within the Constitution.
I don't think you're disagreeing.
It requires jus soli, doesn't it?
Mr. Davis: No, Your Honor, I do disagree with that.
I believe that it encompasses jus sanguinis citizenship.
Justice Ginsburg: And any academic right is... there's a debate over that?
Mr. Davis: Is a debate over it, that's correct...
Justice Ginsburg: There is a debate over whether my grandson is a natural born citizen.
I think he is.
Mr. Davis: whether he can be Vice President. Justice Stevens: Of course the interesting thing about that provision, it requires that he be natural born at the time of the adoption of the Constitution. That's what it literally says. Unidentified Justice: [Laughter]
Sounds like some liberal justices are trying to stack the deck.