The 14th amendment was enacted in 1868. The legal ruling clarifying the 14th amendment was in 1898. The last time I looked at a calendar 1898 was AFTER 1868.
The clause's meaning with regard to a child of immigrants was tested in United States v. Wong Kim Ark (1898).[49] The Supreme Court held that under the Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent.[50]
The 14th amendment was enacted in 1868. The legal ruling clarifying the 14th amendment was in 1898. The last time I looked at a calendar 1898 was AFTER 1868.
The clause's meaning with regard to a child of immigrants was tested in United States v. Wong Kim Ark (1898).[49] The Supreme Court held that under the Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent.[50]