It matters for one simple reason.......jurisdiction.
Legal immigrants even those that are not allowed to become citizens like the Chinese at that time, are under the jurisdiction of the laws of the United States. They accepted the fact that they could not become American citizens, they were resident aliens and our laws allowed them to work here.
The point I have been making is that in order for the 14th amendment to apply to those wishing to be US citizens and natural born ones at that, both of their parents should be subject to not only the laws of our country but also to the jurisdiction as well, meaning that they cannot be here on any special visa diplomatic student or tourist where they have no intention on becoming United States Citizens or they cannot be here illegally to claim citizenship for their children born here when they refused to enter this country through our immigration processes.
Applying for legal immigration is the means of submitting to the jurisdiction of our government and it’s laws, those that do and have children here, then their children should be natural born citizens.
So how does this apply to Obama, his father chose not to immigrate to this country and had no intentions of becoming a US citizen, and since he arrived here on a student visa he was granted a limited immunity from our jurisdiction by treaty. I normally use the example that he did not have to pay income tax, but 1961 his limited immunity also protected him from being drafted into the Armed Forces as I am sure young men that were legal immigrants of the proper age were subject to.
As for his mother, her age was a factor especially since she was married to a Foreign National who was not going to apply for US citizenship, because she was not old enough to exercise her full citizenship rights under the law. Their divorce decree may have awarded her custody of her son but it certainly did not decide his citizenship.
We need to see a case where the child of a minor(US citizen) married to a Foreign National here on a Visa (diplomatic, student or Tourist)sued for the right to be considered Natural born, even if they were born outside the United States.
“both of their parents should be subject to not only the laws of our country but also to the jurisdiction as well, meaning that they cannot be here on any special visa diplomatic student or tourist where”
People here under special visas are under the jurisdiction of U.S. law. You may very well believe that tourists and students should be treated the same as the children of diplomats and illegals, but I don’t believe SCOTUS agrees.
“So how does this apply to Obama, his father chose not to immigrate to this country and had no intentions of becoming a US citizen, and since he arrived here on a student visa he was granted a limited immunity from our jurisdiction by treaty.”
Oh, please. Limited immunity? There are all sorts of special classifications recognized by the U.S. government that apply to different people under its jurisdiction. Females, for instance, do not have to apply for the Selective Service Draft, just like Obama’s father. Does that prevent them from producing natural born offspring? No.
Again, I’d like for you to tell me how Wong Kim Ark’s parents, being legal aliens, are any different from Obama’s father, a legal alien. All I can gather is that you think the fact that they were unable to become citizens even if they wanted to, and the fact that Obama’s father could have theoretically applied for citizenship but “[had] no intention on becoming [a] United States Citizen...” means the former can have natural-born offspring and the latter cannot.
To my mind, this is a distiction without a difference. There is no reason why we should discriminate between people who could not become citizens if they tried and people who choose not to become citizens though they could. I thinky you made it up.
“We need to see a case where the child of a minor(US citizen) married to a Foreign National here on a Visa (diplomatic, student or Tourist)sued for the right to be considered Natural born, even if they were born outside the United States.”
No we don’t. Especially not the last part, considering there is no evidence that Obama was not born on U.S. soil.