True, but once the judicial mess known as Wong Kim Ark hit the trail, nothing concerning citizenship was 'Constitutional' anymore.
Wong Kim was declared naturalized at birth by a judge who used a grandfather clause intended to give citizenship to a LIMITED class of people and perverting what Blackstone called a 'local allegiance'- (a temporary allegiance owed by aliens to their place of residence ONLY) - into a native born, but not NATURAL born citizen....and created the country's first anchor baby.
From Wong Kim Ark quoting Marshall:
The constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.
To the rest of the quote by Marshall;
He is distinguishable in nothing from a native citizen, except so far as the constitution makes the distinction. The law makes none. There is, then, no resemblance between the act incorporating the Bank, and the general naturalization law. Osborn v. Bank of the United States
>>>except so far as the constitution makes the distinction<<<
The Constitution makes only one between Natural born and naturalized citizens - only a natural born can be President.
For the record SIX Supreme Court Justices ruled Wong Kim Ark to be a Citizen of the United States At Birth, two Justices disagreed and one Justice, who had just been appointed and had missed oral arguments recused himself.
For the record SIX Supreme Court Justices ruled Wong Kim Ark to be a Citizen of the United States At Birth, two Justices disagreed and one Justice, who had just been appointed and had missed oral arguments recused himself.