[DiogenesLamp]

This means that 14th amendment citizenship was not the question with Bellei. His citizenship was based on birth abroad to a US parent and that was under the purview of Congress, based on the authority given them in the US Constitution.

And you are suggesting that Congress has a higher authority than does the 14th amendment?

We already know from Minor v Happersett that the 14th amendment does not determine who shall be a "natural born citizen." Straight from Judge Waite's mouth.

[xzins]

No, I’m saying that the Bellei case is not about the 14th amendment. That’s what the court said. The court said that it’s about enumerated congressional powers in Art 1, Sect 8.