Wrong.Roids R Us,
So what was to be the premise behind America’s first and only constitutional birthright declaration in the year 1866? Simply all children born to parents who owed no foreign allegiance were to be citizens of the United States, that is to say, not only must a child be born within the limits of the United States, but born within the complete allegiance of the United States as a nation – not merely its laws only.
In other words, there is no such thing as American citizenship without allegiance to the nation. Why make citizens of those who owe no allegiance to the country, who might join the forces of another country against you? This goes to the core of American allegiance.
Many make the silly mistake of confusing temporary allegiance to a countries laws under the law of nations with that of allegiance to a nation. In school we pledge allegiance to the flag and the “Republic for which it stands,” not pledge our allegiance to local traffic laws. No one during the eighteenth and nineteenth centuries confused owing allegiance to the laws with that of owing allegiance to a nation.
If anyone needs any confirmation of the above conclusion, need only to view Sec. 1992 of U.S. Revised Statutes the same Congress had adopted as national law in the year 1866:“All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.”
“It was a fundamental rule of the common law of England, that persons born in England and under the allegiance and protection of that government, were English subjects regardless of the nationality of the parents. Those born in England of ambassadors and of enemies having hostile occupancy of a portion of English soil, were not subjects; because not born within the allegiance. An alien domiciled in England owes temporary allegiance in return for protection afforded him and, hence, his child born in England is born in the allegiance of the crown which allegiance, in the child's case, is permanent. Such was the law of the colonies and the law of the United States down to the 14th amendment; and such is still the law here and in England.....The 14th amendment affirms the common-law rule that citizenship follows birth. An alien owes allegiance to the United States while domiciled here, and his children born here are born in the United States and under its jurisdiction. Such allegiance is but local and temporary; still it is strong enough to confer citizenship on his children born here. Samuel Fox Mordecai, Dean of the Law School, Trinity College.“Law Notes –Brief Summaries of the Law (1911) page 167