Chief Justice Fuller states: It is not to be admitted that the children of persons so situated become citizens by the accident of birth. On the contrary. I am of opinion that the President and Senate by treaty. and the Congress by naturalization. have the power. notwithstanding the fourteenth amendment. to prescribe that all persons of a particular race. or their children. cannot become citizens. and that it results that the consent to allow such persons to come Into and reside within our geographical limits does not carry with it the imposition of citizenship upon children born to them while in this country under such consent. in spite of treaty and statute. In other words. the fourteenth amendment does not exclude from citizenship by birth children born in the United States of parents permanently located therein and who might themselves become citizens. nor. on the other hand. does it arbitrarily make citizens of children born in the United States of parents who. according to the will of their native government and of this Government. are and must remain aliens. I am calling attention to this Wong Kim Ark case because it ought to be reversed or overruled.
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naturalization