Originally Posted by
detltu
You are both just incorrect here. It's meaning is not as cut and dry as you are making it out. Senator Jacob Howard, who authored the clause said this at the time:
Mr. HOWARD: This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States.
Now this was debated at the time and I think the result was that it would include children born to foreigners, but it did not specifically discuss people in the united states illegally as I don't think that was much of a problem at the time.
The supreme court has been mixed on the issue:
In 1884 they decided that a Native American born under the jurisdiction of a Native American tribe could not automatically become a citizen
in 1898 they decided a child born to Chinese legal residents should be granted citizenship
The case that settles it for me was 1982 when they deemed it unlawful to deny state benefits to a child of illegal immigrants.
The supreme court has decided enough for me to say that an EO is the wrong way to challenge this in my opinion, but to say that it is cut and dry or the meaning was clear is wrong. It has never been directly challenged in the court even though the 1982 case comes very close.