“the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States”
This may narrow the decision to the facts of this individual case, but then it would leave open the question of children born here to non-domiciled alien parents.
Correct. And as such, Obama falls within those not covered by the Wong Kim Ark ruling.
Thus, we can look to Senate Judiciary Committee Chairman Trumbull's definition of the "subject to the jurisdiction" requirement of the 14th Amendment in the Congressional Record:
"The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means."Obama and the DNC have already stated that the British Nationality Act of 1948 "governed" (exact quote) Obama's status at birth on the 'Fight The Smears' website.