Replies

United States v. Wong Kim Ark, 169 U.S. 649 (1898) In this case, Wong Kim Ark, the son of 2 resident Chinese aliens, claimed U.S. Citizenship and was vindicated by the court on the basis of the 14th Amendment. In this case the Justice Gray gave the opinion of the court. On p. 168-9 of the record, He cites approvingly the decision in Minor vs. Happersett: 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.

On the basis of the 14th Amendment, however, the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A., under the jurisdiction of the United States. The Court gave a novel interpretation to jurisdiction, and thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.); but it did not extend the meaning of the term “natural born citizen.”

CONCLUSION Finally it should be noted, that to define a term is to indicate the category or class of things which it signifies. In this sense, the Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”. Hence every U.S. Citizen must accept this definition or categorical designation, and fulfil his constitutional duties accordingly. No member of Congress, no judge of the Federal Judiciary, no elected or appointed official in Federal or State government has the right to use any other definition; and if he does, he is acting unlawfully, because unconstitutionally.

"No member of Congress, no judge of the Federal Judiciary, no elected or appointed official in Federal or State government has the right to use any other definition; and if he does, he is acting unlawfully, because unconstitutionally."

You're wrong. The Congress does have the right to define what constitutes a natural born citizen as long as it does not contradict what the Constitution says. Why is the Supreme Court the only authority to define this? They have no ability to make law, only to interpret. There is no basis in the Constitution to be able to interpret what the term Natural Born Citizen means. Therefore it is up to the Congress to determine this and create laws. Which they have done.