In my mind, whenever there's a grey area in interpreting the law, shouldn't it default to common sense, i.e. what a reasonable person would conclude? This is why we use phrases like "beyond a reasonable doubt" and the concept of a reasonable person (http://en.wikipedia.org/wiki/Reasonable_person) in law.
I realize this is a fun little exercise, but any reasonable observer in the scenario described would have to conclude that the baby should be an American citizen.
Comments
In my mind, whenever there's a grey area in interpreting the law, shouldn't it default to common sense, i.e. what a reasonable person would conclude? This is why we use phrases like "beyond a reasonable doubt" and the concept of a reasonable person (http://en.wikipedia.org/wiki/Reasonable_person) in law.
I realize this is a fun little exercise, but any reasonable observer in the scenario described would have to conclude that the baby should be an American citizen.