I have read the case through to the end and I'm not seeing it. If you could quote the text that you are referencing, or at least point me to the relevant section of the opinion I would be grateful.
Here you go. . .these paragraphs are in the latter part of the decision but clearly define NBC. . .precedent by unanimous decision: She is not eligible. She might be a citizen; but not a natural born citiizen.
"The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their Page 88 U. S. 168 parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. The words "all children" are certainly as comprehensive, when used in this connection, as "all persons," and if females are included in the last, they must be in the first. That they are included in the last is not denied. In fact, the whole argument of the plaintiffs proceeds upon that idea." Source = Justia
That is the exact same section that I quoted, the part where Waite recognizes the open question and then explicitly does not address it as not relevant to this case.
"it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens." Two citizen parents = NBC
"Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their Page 88 U. S. 168 parents. As to this class there have been doubts, but never as to the first." No doubts.
I have read the case through to the end and I'm not seeing it. If you could quote the text that you are referencing, or at least point me to the relevant section of the opinion I would be grateful.
Here you go. . .these paragraphs are in the latter part of the decision but clearly define NBC. . .precedent by unanimous decision: She is not eligible. She might be a citizen; but not a natural born citiizen.
"The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their Page 88 U. S. 168 parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. The words "all children" are certainly as comprehensive, when used in this connection, as "all persons," and if females are included in the last, they must be in the first. That they are included in the last is not denied. In fact, the whole argument of the plaintiffs proceeds upon that idea." Source = Justia
That is the exact same section that I quoted, the part where Waite recognizes the open question and then explicitly does not address it as not relevant to this case.
"it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens." Two citizen parents = NBC
"Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their Page 88 U. S. 168 parents. As to this class there have been doubts, but never as to the first." No doubts.