Having extensively reviewed all articles cited in this opinion, as well as many others, this Court holds, consistent with the common law precedent and statutory history, that a "natural born citizen" includes any person who is a United States citizen from birth.
It includes Ted Cruz, born in Canada.
I'm going to cross wire your brain here. :)
Supreme Court. Wong Kim Ark. 1898. Paragraph 113.
Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by n abling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
So apparently the Wong court thinks Ted Cruz is a naturalized citizen.
Since you slavishly follow what the Courts say, I guess you have a cognitive dissonance problem here. :)
Let me know what you are going to decide that you believe. I'm guessing you are going to regard that part of the Wong court as being wrong, but everything else is correct.
Whatever it takes to allow you to continue believing what you believe.
Supreme Court. Wong Kim Ark. 1898. Paragraph 113.
The correct citation is 169 U.S. 649, 702-703. The paragraphs are not numbered. Apparently you prefer to use and cite some unofficial copy with some special sauce added.
The Wong Kim Ark court of 1898 was not deciding the citizenship of anyone on the basis of Federal law ever or on the basis of Federal law in 1970 in particular.
Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by n abling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
There was no person born outside the jurisdiction involved in Wong Kim Ark. As that issue was not before the Court, it was not decided by the Court. The comment about persons born out of the jurisdiction of the United States is dictum, not holding.
A person born in the United States, and subject to the jurisdiction thereof, has his birth citizenship regulated by the 14th Amendment. The 14th Amendment has no relevance to any birth outside the territory or jurisdiction of the United States. Wong Kim Ark was born within the territory, and all born within the territory are born within the jurisdiction, i.e. subject to our laws, except for those with immunity, such as accredited diplomats or dignitaries.
A person born outside the territory or jurisdiction of the United States has his birth citizenship regulated by the applicable Federal law in effect at the time of his birth. All such births since 1952 are regulated by the Immigration and Nationality Act of 1952, as amended. None are regulated by whatever Federal law was in effect in 1898. Whatever the 1898 Federal law was, it did not apply to Ted Cruz.
The law makes perfectly clear that naturalization confers citizenship subsequent to birth. Anything that confers citizenship at birth is not naturalization.
https://law.justia.com/codes/us/2021/title-8/chapter-12/subchapter-i/sec-1101/
8 U.S.C. 1101; Definitions
(23) The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
https://fam.state.gov/fam/08fam/08fam030101.html
c. Naturalization – Acquisition of U.S. Citizenship Subsequent to Birth:Naturalization is “the conferring of nationality of a State upon a person after birth, by any means whatsoever” (INA 101(a)(23) (8 U.S.C. 1101(a)(23)) or conferring of citizenship upon a person (see INA 310, 8 U.S.C. 1421 and INA 311, 8 U.S.C. 1422). Naturalization can be granted automatically or pursuant to an application. (See 7 FAM 1140.)
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https://www.law.cornell.edu/uscode/text/8/1401
8 U.S. Code § 1401 - Nationals and citizens of United States at birthThe following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e ) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
(June 27, 1952, ch. 477, title III, ch. 1, § 301, 66 Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§ 1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§ 1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, § 12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, § 101(a), Oct. 25, 1994, 108 Stat. 4306.)