I know that, what I was wondering was whether you thought that incorporation was necessary in order for the 14th amendment to have effect.
Just to summarize our discussion ..
Me: If you took out that particular section of law, those persons would still be citizens under the constitution.
You: Incorrect. We are a nation of laws. The government is controlled and bound by laws. The law defines those who are citizens at birth and do not need naturalization. Without the laws that define those who are citizens at birth, there would not be any naturally born citizens.
Me: What about the 14th amendment?
I still say that if you took out that 1401(a), those persons would be still be citizens under the constitution, in particular, under the 14th amendment to the constitution.
You appear to be saying they would not be citizens, unless the statute now at 8 USC 1401(a) existed.
Then allow me to clarify.
There are no citizens without laws defining who are citizens. Congress has the EXCLUSIVE and ENUMERATED power to define citizenship. The 14th amendment acts as a limitation on that power and forces Congress to recognize certain individuals as citizens.