Sorry, but since the term was not defined when the constitution was written, then neither you nor any other "originalist" can say what the definition was when the constitution was written. But since the constitution specifically gives congress the authority "To establish an uniform Rule of Naturalization," (Article I, Section 8), then statutory law passed by Congress and signed by the President that defines citizenship by virtue of birth is in fact the law that stands as written on the matter. To argue otherwise is to argue that a judge can insert his own opinion as the definition into the constitution to override the duly enacted law of the land. (Not a very originalist position.)
Sorry, but since the term was not defined when the constitution was written, then neither you nor any other "originalist" can say what the definition was when the constitution was written. But since the constitution specifically gives congress the authority "To establish an uniform Rule of Naturalization," (Article I, Section 8), then statutory law passed by Congress and signed by the President that defines citizenship by virtue of birth is in fact the law that stands as written on the matter. To argue otherwise is to argue that a judge can insert his own opinion as the definition into the constitution to override the duly enacted law of the land. (Not a very originalist position.)
No. The mistake you just made is glaring and should be obvious. You have the Article I enumerated power correct, but you made a superman leap of logic.
Naturalization is the act of converting ALIENS into CITIZENS. That's the extent of their power granted to them by We The People.
NBC is a completely mutually exclusive set of people than ALIENS or CITIZENS. Congress has no authority to create NBC ( doesn't even make logical sense, We The People created Congress ). There is no intersect between Congress and NBC. Whatever law they enact does not impact NBC, it cannot.
When they utilize a term of art such as Citizen-at-Birth it is to identify and delineate the pool of people who do not require the Naturalization they are legislating. It's like a doctor operating on your lungs who says, no, don't touch his teeth. The doctor does not define the teeth or create them, he is only empowered and trained to work on the lungs.
Amendments are the only thing that may alter the Constitution ... blacks folks are not people --> amendment --> black folks are natural born citizens ... no law or statute can do this. Same for all other qualifications, terms of office, who can vote, etc.
Can Congress now pass a law/statute/act that says only a person born in USA to Two Citizens be considered NBC? No, this must come from us.
The Supreme Court kicked it back to We The People to decide for ourselves. And after 8 years of this I now believe Roberts accidentally did the right thing. Who knows what they might say about a given case.
As I said in another thread, if you want to vote for a President Of The United States who was born in Canada, Russia, Iran, Afghanistan, Vietnam, Libya, Bangladesh, then no-one will stop you. Just make sure he is 35 years old so that we keep out the unqualified and potentially dangerous ones ;-)
IMHO this should underline the ludicrous nature of our current level of due diligence with respect to the highest office in the land.
The originalist position is based on Vattel’s Law of Nature with which all the Framers were thoroughly familiar. Look it up. E. Vattel or Law of Nature. Then look upo john Jays letter to George Washington citing “natural born citizen” and the fact that the word citizen was changed to “natural born citizen” in the final draft of the constitution a few days after Washington received the letter. Ben Franklin and others are documented as to the importance of Vattel in the deliberations. Do some research. To change a restriction imposed by the constitution required an Article 5 convention. The law of the constitution is supreme over any law written by congress. the rules must be obeyed.
A Naturalized citizen is not a natural born citizen. Naturalization is taking a non citizen and making him a citizen. that does not make him a natural born citizen. The Framers used one term: Natural born citizen for eligibility to the presidency.