[Scoutmaster]

I understand Professor Eastman's differentiation between territorial jurisdiction and allegiance-based jurisdiction.

British common law made that distinction, and that distinction was discussed as dictum by the U.S. Supreme Court in Wong Kim Ark.

However, under British common law, allegiance to the monarch was also tied to protection by the monarch (protectio trahit subjectionem, et subjectio protectionem), and those who were considered not to have the allegiance-based jurisdiction for the purpose of passing British citizenship to a child born within the British empire were foreign ministers, ambassadors, or foreigners during the hostile occupation of any part of the territories of England.

[Red Steel]

The US does not or has not followed any common law or British laws as pertaining to citizenship or being subject to Britain since the US Declaration of Independence. Judge Gray put up much dicta about Brit. Common Law , But Gray however, in WKA never went as far to give illegal alien offspring US citizenship by birth.