Constitutional law is not complicated, it's the lawyers that make it seem as if it is because they REFUSE to cite current & valid law that is on the books because it does not support their “jus soli” path to citizenship. They all decry how WKA is an erroneous ruling, yet they still refuse to cite the current valid passed at the same time as the 14th to make their case. In doing so, they uphold the case for Obama rather than against him.
A constitutional amendment can not change a former article without specifically saying so. The 14th does not, it merely upholds A1 & A2 by stating there are only 2 paths to citizenship, by A2 born to citizens or by A1 born to an alien father. Any legislation that purports to support “jus soli” only citizenship is A1 citizenship according to the US Constitution, no matter how one tries to skew it.
The slaves owed no allegiance to any foreign power prior to or at the time they were freed, thus they were for all intents and purposes A2 citizens at the time they were freed. And might I remind you, not all blacks were slaves. some were judges, local politicians, doctors, etc. ONLY in slave states were they considered property.
Read the congressional records! Does the Constitution refer to race? YES, Indians, that is it! All others are classified as free without any reference to race! Only immigration laws passed by congress refer to race. The 14th did not make the slaves citizens, it constitutionally protected their rights as born citizens.
Yes! So, where may I ask you, does the 14th Amendment change Article 2 to remove the NBC requirement for the Presidency?
Any legislation that purports to support “jus soli” only citizenship is A1 (by birth) citizenship according to the US Constitution, no matter how one tries to skew it.
He is where you seem to run totally off the rails. ANY form of citizenship which relies on legislation, even in the form of a Constitutional amendment, is not and indeed CANNOT be Natural Born Citizenship.
The NBCs create the government; the government does not create NBCs.
So, if we want to break down citizenship into two types, the most basic classification would be (1) Natural Born Citizens and (2) citizens by virtue of statute or legislation. This second category can be further broken down into subcategories, for example (2a) citizens at birth by virtue of legislation (2b) citizens who become citizens later in life by means of a volitional act via naturalization, and (2c) citizens who are incorporated en masse, as in the case of the initial operation of 14th amendment.
Here, the main point is that no, repeat NO natural born citizen obtained that status via the application of ANY statute, law, decree, or any act of any government. It is a status that derives from the operation of Natural Law, not the common law, whether British or American, and it precedes and underlies government.