“This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors, or foreign ministers accredited to the the Government of the United States, but will include every other class of persons.”

– Senator Jacob M. Howard, the author of the 14th Amendment, on the scope of its protection. The first part of the 14th Amendment reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Howard would likely argue that “subject to the jurisdiction thereof” would exclude children of illegal aliens since by law those illegal aliens are citizens of other countries and subject to those countries’ jurisdictions.