Minor vs. Happersett
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.
Wow, is this twisted.
The issue was, “Was the woman in this case a citizen.”
The woman in this case was ascertained to be a “natural born citizen” under Article II, Section 1 of the Constitution, since she was born here of 2 citizen parents.
Since she filled the higher requirement of “natural born citizen,” the court did not need to determine whether she was a mere citizen under the 14th Amendment.
That was the issue to be left to determine in a future case- what constituted mere citizenship.