History and law, he wrote, “irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens ….The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.”
It wasn’t the resident alien status that the decision turned on, rather on the fact of birth in the U.S. The language is clear.
Although who knows with the boofinator now there. Would prove my point that activist courts include both libs and conservatives.
In any event, an executive order to the contrary is unconstitutional under existing law.