“The President must not only be a citizen but a natural born Citizen”. Sugarman v. Dougall, - Supreme Court 1973
The first sentence of the Fourteenth Amendment:
“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.”
Wong Kim Ark was affirmed a citizen.
The answer is not in the 14th Amendment or WKA.
Lets take this another step..the 11th, 14th, 15th, 19th, 24th, and 26th Amendments pertain only to citizens.
A natural born Citizen is not in the above amendments..so where does it originate.
It has been my contention for several months natural born Citizens are the descendants of the original citizens created after the ratification of the Constitution.
The Founders established a Kind.
It has to be determined if the 14th amendment broke the Kind.
Yes the Founders were clever..when they used natural born Citizen.
Amazing. Yet another worthwhile reading assignment form Bushpilot1, Sugarman v. Dougall.
Dr. Ramsay clearly confirms your analysis. I suspect there are clear statements from long before Ramsay. The state of having been born of parents with sole allegiance to a nation, on that nations soil, has had other labels - birthright citizen, native, indigiones citizen. After all, Vattel’s work was a compendium of natural law applied to law of nations. Grotius, Pufendor, Grotendyke, probably have the same constuct.
Jews, concerned with blood origins, defined being Jewish as being born to a Jewish mother, the determination of the father being problematic four thousand years ago. Political inheritance has been defined by the politics of the parents (wives inherited the citizenship of the father until the 1920s (?) in the U.S., but even Vattel used "parents" as well as "father" for political inheritance) Vattel was criticized by James Wilson for not using so many citations as was typical of judical philosophers of the time (though Wilson still recommended Vattel as the most important legal philosopher to our framers, and Wilson was our most prolific framer) bit he did not, in my 1797 edition, provide references for his “Born on the soil of citizen parents.”
If you know of earlier discussions, other than Calvin's Law, they would be illuminating, and appreciated. The scarcity of discussion around birthright citizenship may be because, as Chief Justice Waite explained, the definition “was never doubted.” But the concept is certainly found throughout the history of the U.S. Evem Barak’s constitutional law professor, Larry Tribe, repeated the jus sanguinis requirement in his and Ted Olson's analysis provided for the McCain whitewash, otherwise called Senate Resolution 511, in April of 2008.
That has been my understanding also. The Founders didn't envision anchor babies.