“The dicta in WKA goes into great detail on what NBC means.”
I disagree.
According to Minor v Happersett:
x=NBC=born in country with 2 citizen parents
y=non-NBC=born in country to alien or foreigner parents
We know that y=non-NBC because the Minor court explicitly DISTINGUISHED them from x=NBC.
IMO, the NBC definition in Minor is a holding that is a finding of fact that the court relied on to determine what class of citizen Mrs. Minor belonged to. Then and only then, could the court determine whether that NBC class had an inherent right to vote as a conclusion of law.
IMO, the dicta in WKA explores the y=non-NBC class that the Minor court distinguished but could not reach to determine whether WKA was in a portion of that y=non-NBC class that was entitled to citizenship at birth on US soil even with alien or foreigner parent.
The extensive exploration comparing US citizenship, including NBC and NBS was all directed at evaluating the y=non-NBC class boundaries and whether WKA fell within those boundaries. The WKA court was NOT trying to change or expand the x=NBC definition previously held and distinguished in a way that obviously excluded WKA.
After the extensive ruminations by Gray on US citizen compared to UK subject and the 14A meaning of “subject to the jurisdiction of,” Gray's majority placed numerous qualifiers on their conclusion of law that WKA was a citizen based on their finding of fact that WKA was in a class of y=non-NBC persons entitled to be citizens at birth under the 14A. The WKA majority was able to “reach” WKA and extend citizenship at birth to him, but only within the qualifiers. The WKA majority did NOT declare WKA to be a natural born citizen but only as much a citizen as a natural born citizen.
“I disagree.”
I know. Reality will never interfere with your opinions. But no state & no court agrees with you, so Obama will be on the ballot in 50 states, and we will need to beat him in the election.