JUSTICE SCALIA, with whom JUSTICE THOMAS joins, con- curring in the judgment. ...
The Constitution "contemplates two sources of citizen- ship, and two only: birth and naturalization." United States v. Wong Kim Ark, 169 U. S. 649, 702 (1898). Under the Fourteenth Amendment, "[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization." Ibid. Petitioner, having been born outside the territory of the United States, is an alien as far as the Constitution is concerned, and "can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory; or by authority of Congress." Id., at 702-703; see also Rogers v. Bellei, 401 U. S. 815, 827 (1971). Here it is the "authority of Congress" that is appealed to-- its power under Art. I, 8, cl. 4, to "establish an uniform Rule of Naturalization." If there is no congressional enactment granting petitioner citizenship, she remains an alien. I would point out that plaintiff below asked for a Declaratory judgment, and her case was heard on the merits. This is evidence that Cruz can, of his own volition, seek a declaratory judgment.
You have been very patient with people as well which is a mark of true character.
As others have said, I also am appreciative.
Thank You.