Asked and answered. James Madison already gave the Play Justice the answer:[P]lace is the most certain criterion [of allegiance]. He also mentioned that it is what applies in the United States. Chancellor Lewis Sandford confirmed that jus soli birthright citizenship was still the practice in 1844. James Kent, who was personally recommended by John Jay to be the first Professor of Law at Columbia, and who grew up during the Revolution noted in his Commentaries on American Law that natural born citizens were so born without any regard or reference to the political condition or allegiance of their parents. Bancrofts History of the U.S.(1876) stated,Everyone who first saw light on American soil was a natural-born American citizen. Judge Pinckney McElwee quoted Frederick Van Dyne on Citizenship of the United States,(1904) pp.32 It was almost universally conceded that citizenship by birth in the United States was governed by the principles of the English common law. Congressional Record 14-June-1967, p. 15876. According to the distinguished scholar William Rawle in A View of the Constitution of the United States, 84-101 (2nd ed. 1829),[E]very person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity. And then the framers of the Fourteenth Amendment, John Bingham, Lyman Trumbull and Howard Jacob all clearly stated their agreement with citizenship by birth. Chief Justice John Marshall in Murray v. The Charming Betsy, 2 Cranch 64, 119 (1804) that all persons born in the United States were citizens thereof:Whether a person born within the United States, or becoming a citizen according to the established laws of the country, can devest himself absolutely of that character otherwise than in such manner as may be prescribed by law, is a question which is not necessary at present to decide.<quoted text>
Tantrums? That's your dept. Twinkerbelle. Still waiting on your answer as to why the U.S. would deem the child of two aliens, an NBC. Are you so inexplicably dense that you cannot see the major flaw in that method? Ignorant bonehead.
Now if Play Justice wishes to disregard James Madison, John Marshall, James Kent, Lewis Sandford, William Rawle, Frederick Van Dyne, and every court of the United States he can throw a tantrum, jump up and down and insist I have not answered his question.
Who the F gives a crap?
The fact is jus soli citizenship by birth is the rule that was and still is practiced in this country. Why? James Madison explained it quite succinctly: "place is the most certain criterion". Like it or not that was and still is the rule, even if Play Justices cannot understand why and throw tantrums.
Thus when at an election, the inquiry is made whether a person offering to vote is a citizen or an alien, if he answers that he is a native of this country, it is received as conclusive that he is a citizen. No one inquires farther. No one asks whether his parents were citizens or were foreigners. It is enough that he was born here, whatever were the status of his parents. Lynch v. Clarke, 3 N.Y.Leg.Obs. 236, 250 (N.Y. Ch. 1844).