[know-the-law]

But they were born on this soil also, so they would be NBC and no need for the 14th...

[Cheburashka]

But they were born on this soil also, so they would be NBC and no need for the 14th...

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No they were not born Americans, they were born as slaves, the equivalent of cattle, or pigs, or horses. Subsequent emancipation does not change that, therefore they are not American citizens. That is not my theory, but it was the theory that the former slaves states were using. Hence the Fourteenth Amendment.

Of course under that theory they would not have been NBC either, but since no former slave ever ran for the Presidency the point is moot.

[hirn_man]

Actually the reason the 14th Amendment was required was because of the Supreme Court’s Dred Scott decision. Roger Taney in writing the majority opinion basically said a black person(slave or free) was not, had never been, and could never be a citizen of the United States. 14th made that ruling mute.

[itsahoot]

But they were born on this soil also, so they would be NBC and no need for the 14th...

Indians were not made Citizens under the 14th either, how about that.