Wong Kim Ark Reasoning
Among politicians and members of the mainstream news media, the consensus of opinion is that anyone born on U.S. soil (other than the child of a foreign
diplomat or alien enemy) is a natural born citizen. This consensus opinion is based largely on Justice Gray’s reasoning in U.S. v. Wong Kim Ark (1898).
Provided below is an excerpt from Leo C. Donofrio, Esq., Amicus Brief (Jan. 23, 2012, pp.31-39), explaining that Justice Gray’s reasoning relied heavily on
misrepresentations of prior Supreme Court decisions. Justice Gray cited four Supreme Court cases purportedly showing that the jus soli principle of English
common law controlled the meaning of federal (United States) citizenship prior to the 14th Amendment. However, none of those four cases supports
Justice Gray’s contention.
Prior to Wong Kim Ark, the Supreme Court had consistently maintained that children born on U.S. soil acquire, at birth, their fathers’ citizenship. Not one
U.S. Supreme Court decision (prior to Wong Kim Ark) had established the English common law rule of jus soli citizenship.
Well, jus soli is the current law of the land. Witness title 8 section 1401. If you do not like that interpretation, elect those to congress that agree with your position and have the willingness to make a change to the law.