“Well at this point, even that would satisfy me”
Maybe. Here is what Justice Scalia said in 2005.
“Now, my theory of what I do when I interpret the American Constitution is I try to understand what it meant, what was understood by the society to mean when it was adopted. And I don’t think it changes since then.”
“Now, obviously if you have that philosophy... foreign law is irrelevant with one exception: Old English law, because phrases like “due process,” the “right of confrontation” and things of that sort were all taken from English law. So the reality is I use foreign law more than anybody on the Court. But it’s all old English law.”
http://www.freerepublic.com/focus/f-news/1352357/posts
Minor: all children born in a country of parents who were its citizens
Law of Nations: those born in the country, of parents who are citizens