I think it would be worth a shot in court arguing the “subject to the jurisdiction thereof” clause of the 14A could be reasonably argued that a born child of non-citizens cannot be interpreted as being a person subject to the jurisdiction of the US government.
Good point, I think that’s a good direction in which to move.
To the jurisdiction of what government is that child subject? What does it mean to be subject to the jurisdiction of a government?
An illegal alien, or a child born within the borders of these United States to illegal aliens, who commits a crime within the borders of these United States will theoretically face trial for that crime in a United States or State court. The trial will be conducted according to United States and State law. Does that make the illegal alien or child thereof subject to the jurisdiction of these United States?