Everytime the SCOTUS sits it is making decisions on the meaning of the Constitution as it applies to a specific set of facts and circumstances.
Presently, the President beleves that the interpretation of the 14th amendment he has put forward will prevail in a SCOTUS judgement.
It has been noted that since an executive Order is not congressionally passed law, the SCOTUS can judge that the EO is invalid because it is not law. For that reason,Senator Graham has ir is putting forth a bill to make it law.
So, bottom line is that the SCOTUS will make an interpretation
Therein lies the problem with bringing the issue forward at this time. Kavanaugh may have filled Kennedy's seat on the Supreme Court but Roberts has replaced Kennedy as the swing vote. You know how Breyer, Ginsburg, Sotomayor and Kagan will vote but don't assume Roberts would line up with Thomas, Alito, Gorsuch and Kavanaugh. It doesn't matter what the framers intent was, Roberts will find a way to keep the court from making a decision that changes things on the matter. His goal is to preserve the status quo even if the status quo means Obamacare as a tax or birthright citizenship since the 1960's. Conservatives are still 1 vote shy on the Supreme Court.
If an immigrant” is here ILLEGALLY—as in intentionally being in noncompliance with the laws—or juris dicta—of our country, how can they—and thus their offspring—be considered as being under the JURISDICTION of our nation!