[M-cubed]

This is the distinction that I've never heard Levin address. <<

How about “intent”...The fact as u state... “ Resident aliens (there was no such thing as an illegal alien at the time)” begs the question of why... “AND” subject to the jurisdiction is there for a reason.... as it is clearly applied to Indians and diplomats with out naming them....common sense would put anchorbabys in that same category of the times and again.... "intent'

[semimojo]

... it is clearly applied to Indians and diplomats with out naming them....common sense would put anchorbabys in that same category of the times

But diplomats and Indians for the most part had immunity from our laws - hence not subject to our jurisdiction. Illegals and their children did not have immunity. That seems to me to be the big distinction.