I’d like to refer you to attorney Mario Apuzzo’s blog, specifically the one dated December 11, 2011. It includes a list of case law with brief analysis of each very useful to your understanding of the Judiciary’s opinions on citizenship.
Here is my Comment on that Blog Post:
Notice how in the Elk case, the 14th Amendment ‘born or naturalized’ aids in conflating ‘natural born’ with ‘native born,’ as most consider a child born on U.S. soil of alien parents not naturalized per se.
Therefore, they are raising statutory Jus Soli to the level of natural law.
In his work on Conflict of Laws, § 48 (1844), Mr. Justice Story, treating the subject as one of public law, wrote:
“Persons who are born in a country are generally deemed to be citizens of that country. A reasonable qualification of the rule would seem to be that it should not apply to the children of parents who were in itinere in the country, or who were abiding there for temporary purposes, as for health or curiosity, or occasional business. It would be difficult, however, to assert that, in the present state of public law, such a qualification is universally established.”
Of course, the conflict is the public law concept of jus soli undermining the ‘reasonable qualification’ that was, since 1790, an integral part of legislated Act requiring aliens to first naturalize before their minor children could become U.S. citizens.
Sec. 3. Uniform Naturalization Law by Congress “And be it further enacted, That the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization; and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States:”
The champions and defenders of the Jus Soli insist that Sec. 3 applied only to children born abroad . . . yet cannot prove this when challenged.
Justice Story’s Commentaries describes the reason for making Naturalization law Uniform through Federal legislation. See http://www.constitution.org/js/js_316.htm
Uniform Law relies heavily on the Plenary Powers Doctrine. The courts in each state were limited to administering oaths and keeping records. Later, that part of Naturalization Law was given over to the Executive Branch. As cases and controversies in suit against the Secretary of State ensued, the courts declared Article III power over naturalization law and the liberal courts began rewriting it.
I recommend Mark R. Levin’s article at http://www.cis.org/CitizenshipSupremeCourt
Congress has the power to ‘fix’ the Wong Kim Ark interpretation of the 14th Amendment, merely by adding a brief definition of ‘under the jurisdiction thereof’ to 8 USC 1401, but our congressmen are, almost unanimously, misinformed and uneducated on the subject.
Indeed, a President Gingrich could address congress and teach them, and encourage them to challenge the SUPREME (or not so supreme) Court.