[Lurking Libertarian]

Suppose a baby is born to an illegal mother without record of the birth being made. The mother claims it was born inside our borders. Is it a citizen or not?

The Constitution doesn't say. Congress has passed a statute which says that someone outside the U.S. trying to get in must prove their citizenship, but that any child under 5 found in the U.S. is presumed to be a citizen unless the Government can prove he's not.

[skeeter]

The Constitution doesn't say. Congress has passed a statute which says that someone outside the U.S. trying to get in must prove their citizenship, but that any child under 5 found in the U.S. is presumed to be a citizen unless the Government can prove he's not.

Odd that congress gets to decide whos a citizen in this case, but not in others. And in spite of the 14th Amendment.