Well, that’s part of rationale for De Vattel’s construction of “natural born” — the presumption of loyalty of those born in nation to those who are citizens, and the presumption of some animus, divided loyalty or even animosity of those whose parents were not citizens. In the case of black slaves, admittedly, it’s a not a bright line call. Were they really citizens prior to the 14th, or not? Dredd Scott — never reversed — says they were even fully HUMAN. A terrible ruling. It should be reversed by Court declaration.
Yet among many other deficiencies of the 14th is that it did not clarify the citizenship status pf black slaves before the 14th was enacted.
“Well, that’s part of rationale for De Vattel’s construction of ‘natural born’ — the presumption of loyalty of those born in nation to those who are citizens, and the presumption of some animus, divided loyalty or even animosity of those whose parents were not citizens.”
Anyone’s who’s ever read the 14th amendment knows that Vattel has no longer any bearing on who becomes a citizen at birth, if he ever did.
“Yet among many other deficiencies of the 14th is that it did not clarify the citizenship status pf black slaves before the 14th was enacted.”
I don’t see as how it matters either way. At least, after the first generation passes. It might’ve been an interesting intellectual exercise to inquire as to whether existing slaves—who obviously would have been born on U.S. soil since the slave trade ended long before—were automatically retroactively made citizens from birth, even if they hadn’t been recognized as such at their birth.