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Originally Posted by TCLGirls
If you want to go with the "was meant" argument...do you think the authors of the 1st Amendment "meant" to cover internet pornography?
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The Author of the Citizen clause of the 14th amendment:
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Senator Jacob Howard, the author of the citizenship clause in the Fourteenth Amendment, defined who would fall within the "jurisdiction of the United States":
[E]very person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.
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Native Americans were excluded because their jurisdiction/loyalty was to their tribes. In 1884 a native left his reservation and tried to get US citizenship. He was denied by the supreme court as he was deemed to still have partial loyalty to his tribe. Congress changed this and made all Natives citizens in 1923 using their power to decide who can be allowed.
1898 in United States v. Wong Kim Ark the Supreme court ordered that children born in the United States to permanent legal residents of the US are afforded the right of citizenship.
That is the only decision on whose babies, other than citizens could be afforded automatic citizenship.
Neither the Supreme Court or Congress have ever declared or changed the law to provide children of either illegals, tourists, foreigners or diplomats automatic citizenship.
Congress could convene tomorrow and declare that of course, but haven't. In fact in 1997 congress tried to convene to make the language crystal clear that the above were not automatic citizens by birth. But outside groups pressured them to not pass it. One of the biggest champions of this language was Sen Harry Reid. You can google his 1993 floor speech about why it should not be granted to these children.
Eventually this will come before the Supreme Court. Even if congress passes their own new language either way, it will get challenged to the court.