Under the immigration laws of the 1800’s , the same as today. A child born to parents who have immigrated(implied allegiance) to the U.S. but not yet U.S. citizens is a Native born citizen. Ark’s parents had legally immigrated(implied allegiance) to the U.S. and under the law at that time was a native born citizen. In the opinion of the court Ark was declared a native born citizen equal to that of natural born citizens. The Supreme did state that there was a distinction between Natural and Native born. The court still upheld that belief that citizenship is directly related to allegiance. Children of illegals have no allegiance therefore no citizenship.
“In the opinion of the court Ark was declared a native born citizen equal to that of natural born citizens.”
Patently false!
There exist only three types of citizenship in the statutes: native born; naturalized; and citizenship-by-statute. All three have equal rights.
Natural Born Citizenship exists ONLY in Article II of the U.S. Constitution as a requirement to be eligible for the Presidency.
A Natural Born Citizen is born in a nation of citizen parents. Chief Justice Marshal said it in 1814, and he was one of the Founders. Congressman John Bingham, who wrote the 14th Amendment to the U.S. Constitution, read the above definition into the Congressional Record in 1866.
No one has the ‘right’ to be President. So, there is no unfairness or discrimination concerned in this matter - it was written into the Constitution by our Founders to protect the United States from usurpers without allegience to our system of government.