I've read Wong Kim Ark. My recollection is that they go on about residence and domicile. The parents were legal residents, and would have been citizens had the treaty with China not forbidden it.
But this is all still 14th amendment stuff, and has nothing to do with "natural born citizen", which they conspicuously failed to call him.
The United States Supreme Court removed any possible doubt over a century ago.
They may declare what the men with guns will enforce, but I do not count this as proof that they are factually correct. I also have a hard time grasping how anyone can get their truth from someone else's opinion rather than the actual facts themselves.
The Pope may speak "ex cathedra", (so they say), but the court does not.
As directly held in Wong Kim Ark, the child of two aliens, if born within the territory of the United States, is not only born within the jurisdiction, but is born a United States citizen.I've read Wong Kim Ark. My recollection is that they go on about residence and domicile. The parents were legal residents, and would have been citizens had the treaty with China not forbidden it.
Your recollection is crap. It sounds like you think Moby Dick is a venereal disease.
149 U. S. 716.
The Convention between the United States and China of 1894 provided that"Chinese laborers or Chinese of any other class, either permanently or temporarily residing in the United States, shall have for the protection of their persons and property all rights that are given by the laws of the United States to citizens of the most favored nation, excepting the right to become naturalized citizens."
28 Stat. 111. And it has since been decided, by the same judge who held this appellee to be a citizen of the United States by virtue of his birth therein, that a native of China of the Mongolian race could not be admitted to citizenship under the naturalization laws. In re Gee Hop (1895), 71 Fed.Rep. 274.
The Fourteenth Amendment of the Constitution, in the declaration that
"all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,"
contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [169 U. S. 703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
149 U.S. 704
VII. Upon the facts agreed in this case, the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth.
Wong Kim Ark acquired citizenship by birth while being born to two Chinese aliens.
There are two classes of citizen, and two only: natural born and naturalized. Naturalization applies only to aliens at a time after their birth. Wong Kim Ark was a citizen at birth, did not need naturalization, and as a citizen was not even eligible for naturalization. That leaves only the one other category possible, natural born citizen.
Slaughterhouse Cases, 83 U.S. 36, 73 (1872)
The first observation we have to make on this clause is that it puts at rest both the questions which we stated to have been the subject of differences of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States. That its main purpose was to establish the citizenship of the negro can admit of no doubt. The phrase, "subject to its jurisdiction" was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.
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But this is all still 14th amendment stuff, and has nothing to do with "natural born citizen", which they conspicuously failed to call him.
Just because you have to make believe you don't know what a natural born citizen is does not add anything to your insane ramblings.
Black's Law Dictionary, 11th Ed.
citizen, n. (14c) 1. Someone who, by either birth or naturalization, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil rights and protections; a member of the civil state, entitled to all its privileges. Cf. RESIDENT, n.; DOMICILIARY, n.birthright citizen. Someone who acquires citizenship in a polity solely by virtue of having been born within its geographic borders.
citizen by naturalization. See naturalized citizen.
federal citizen. (1885) A citizen of the United States.
natural-born citizen. (18c) 1. A person born within the jurisdiction of a national government. 2. A person born outside the jurisdiction of a national government to a parent who is a citizen of that nation. 3. A person born outside the jurisdiction of a national government to a father who is a citizen of that nation. • Sense 3 was the common-law sense of the nearest analogous phrase in English law (common-law subject) at the founding of the United States of America. See NATURAL BORN CITIZEN CLAUSE.
naturalized citizen. (18c) A foreign-born person who attains citizenship by law. — Also termed citizen by naturalization.
2. For diversity-jurisdiction purposes, a corporation that was incorporated within a state or has its principal place of business there. 28 USCA § 1332(c)(1).
3. Popularly, someone who lives in a particular town, county, or state.