Lynch v Clarke was a New York STATE case. It's decision was subsequently overturned by the State Legislature of New York.
The Fact that the state legislature could and DID overturn Lynch v Clarke demonstrates that the theory underpinning Lynch v Clarke was incorrect.
The fact that a State legislature could pass a law prohibiting citizenship for transient aliens also overturns YOUR theory.
The Fact that the state legislature could and DID overturn Lynch v Clarke demonstrates that the theory underpinning Lynch v Clarke was incorrect.
The fact that a State legislature could pass a law prohibiting citizenship for transient aliens also overturns YOUR theory.
"Also?" Aren't you stretching the point a bit?
Julia Lynch was arguably the child of "transient" aliens, and she was found by Vice Chancellor to be a United States citizen. A New York State law, at some point prior to 1860 or so, said:
The citizens of the state are:
1. All persons born in this state, and resident within it, except the children of transient aliens, and of alien public ministers and consuls;
2. All persons born out of this state, who are citizens of the United States, and resident within this state.
Did you get what they just said?
EVERYBODY born in the State of New York, and residing there, was a citizen of that State, except for the children of TRANSIENT aliens, and of alien public ministers and consuls.
So according to New York law, the children of RESIDENT aliens, born in that State, were born CITIZENS of that State.
I've said repeatedly that there's a case to be made that children of tourist aliens are, or should not be, not natural born citizens of the United States.
The fact that the State of New York (which is only a State situation, as you reminded me of the court case case Lynch v. Clarke) excluded children of TRANSIENT aliens, and INCLUDED children of NON-TRANSIENT aliens, in STATE citizenship, doesn't make your case.
In fact, it argues against it. The State of New York absolutely accepted the children born in New York of resident aliens, who were not themselves citizens of either New York or the United States, as being BORN citizens of the State of New York.
So the law you refer to shows that the State of New York never required citizen parents, as long as the parents were simply resident, in order for a child born there to be a citizen of the State.
Similarly, the United States never required citizen parents for a person to be a natural born citizen of the United States, at least as long as the parents were resident in the United States, and possibly even if they weren't.