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To: parsifal; edge919; All

Pansley,

Again, stop quoting Wiki and READ Wong Kim Ark v US.

Justice Gray's citations are VERY CLEAR:

In Minor v. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the Fourteenth Amendment now in question, said: “The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.” And he proceeded to resort to the common law as an aid in the construction of this provision. 21 Wall. 167.

In Smith v. Alabama, Mr. Justice Matthews, delivering the judgment of the court, said:

There is no common law of the United States, in the sense of a national customary law, distinct from the common law of England as adopted by the several States each for itself, applied as its local law, and subject to such alteration as may be provided by its own statutes. . . . There is, however, one clear exception to the statement that there is no national common law. The interpretation of the Constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.

1,966 posted on 02/28/2010 12:45:59 AM PST by BP2 (I think, therefore I'm a conservative)
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To: BP2

What you keep posting is the rationale for the Wong court to do what they did.

parsy


1,971 posted on 02/28/2010 1:54:08 AM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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