Subject: Re: "blatantly" unconstitutional
In 1938 or whenever this was first argued there was not the series of issues we have now.

Not precisely these issues, but trying to deny birth citizenship for everyone but whites was done in Dred Scott.

In the Dred Scott case,1 (1857) however, Chief Justice Roger Taney, writing for the Court, ruled that this rule did not apply to freed slaves. The Court held that United States citizenship was enjoyed by only two classes of people: (1) White persons born in the United States as descendants of "persons, who were at the time of the adoption of the Constitution recognised as citizens in the several States, [and who] became also citizens of this new political body," the United States of America, and (2) those who, having been "born outside the dominions of the United States," had migrated thereto and been naturalized therein.2 Freed slaves fell into neither of these categories.

The Court further held that, although a state could confer state citizenship upon whomever it chose, it could not make the recipient of such status a citizen of the United States. Even a free man descended from a former slave residing as a free man in one of the states at the date of ratification of the Constitution was held ineligible for citizenship.3 Congress subsequently repudiated this concept of citizenship, first in section 14 of the Civil Rights Act of 18665 and then in Section 1 of the Fourteenth Amendment. In doing so, Congress set aside the Dred Scott holding, and restored the traditional precepts of citizenship by birth.6

The 14th Amendment was in 1868.

The Civil Rights Act of 1866, which declared that all people born in the United States were U.S. citizens and had certain inalienable rights, including the right to make contracts, to own property, to sue in court, and to enjoy the full protection of federal law.

The issues we have now are nothing new. Chain migration is a name for a phenomena that was going on before the US became a nation. Canada has birth citizenship, how do they handle concealed pregnancy for purposes of obtaining citizenship? There are many countries with birth citizenship.

If you make an amendment to change birth citizenship and are reasonable it may go the distance and be ratified. You could probably get a requirement that at least one parent be a US citizen ratified, as that is reasonable, and the slavery issue seems to be over. But an EO? No.