[usmcobra]

"Or born on US soil to anybody who is not a foriegn diplomat or occupying army"

Show me where the first Congress of the United States or any of our founding fathers made that distinction.

[EnderWiggins]

None of them did explicitly make that distinction because it was already part of centuries of English common law. Quoting again from the Supreme Court Decision in Wong Kim Ark:

"The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, "All persons born in the United States" by the addition "and subject to the jurisdiction thereof," would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases -- children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State -- both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country."