A child born in the United States to alien parents is not subject to ANY FOREIGN POWER. Period.<quoted text>
"and not subject to ANY foreign power". Just can't make that go away can ya. LOL
Parents' allegiance had nothing do with the Natural Born Citizen language in the Constitution. All persons born in the former British Colonies in America regardless as to the alienage of their parents or naturalized prior to the adoption of Constitution became citizens of the United States. After the adoption of the Constitution only those persons who were born in the United States (Jus Soli) or through blood of their parents (if born overseas) were eligible to be President.
Lord Chief Justice Coke in his opinion in the Calvin's Case in 1608 enunciated the common law rule for a child born to aliens within the protection and allegiance of a sovereignty is that he or she is a natural born subject. Moreover, Chief Justice Coke's legal authority was "most admired and most often cited by American patriots" Anastasoff v. United States, 223 F.3rd 898, 900 fn. 6,(8th Cir. 2000)
The focus on the allegiance of the parents in determining the citizenship status of the child is misplaced since Blackstone wrote that "Natural allegiance is such as is due from all men born within the king's dominions immediately upon their birth."
A child born in the United States has only one allegiance and that allegiance is the United States. To have a "split allegiance" a child must be under the jurisdiction and control of TWO sovereignties at birth in the United States which is a legal impossibility since the United States doesn't share its jurisdiction of its citizens with another country.
Unlike hair color or eye color, a child doesn't inherit a parent's allegiance at birth.[I]t has consistently been held judicially that one born in the United States and subject to its jurisdiction is, from birth, a citizen of the United States; that such citizenship does not depend upon like citizenship of his or her parents, or of either of them (except in the case of the children of ambassadors etc.). United States v. Richmond, 274 F. Supp. 43, 56 (CD Ca 1967). See also Von Schwerdtner v. Piper, 23 F. 2d 862 (D. MD 1928)(child born in the United States to German nationals)
"A person who is born in the United States, regardless of the citizenship of his parents, becomes an American citizen not by gift of Congress but by force of the Constitution. U.S.C.A., Constitutional Amendment 14, Section 1." In re Gogal, 75 F. Supp. 268, 271 (WD Pa 1947)
As such, the allegiance of parents whatever their situation is irrelevant in determining the citizenship status of a child born in the United States. At common law, a native is a person born within the jurisdiction and allegiance of a country, irrespective of the allegiance of his parents, except the child of an ambassador. Ex parte Palo, 3 F. 2d 44, 45 (W.D. Wa 1925)(internal citation omitted)