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To: edge919

“Wong Kim Ark said her citizenship was due to birth to citizen parents”.

No. It did not. But since you cannot read two sentences without getting things backwards, and have trouble with just one, I cannot convince you.

However, 50 states, 535 members of Congress, and every court agrees with ME. Deal with it, nutjob!


For those not familiar with it, here again is the full quote of Minor as used in WKA:

That neither Mr. Justice Miller nor any of the justices who took part in the decision of The Slaughterhouse Cases understood the court to be committed to the view that all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment is manifest from a unanimous judgment of the Court, delivered but two years later, while all those judges but Chief Justice Chase were still on the bench, in which Chief Justice Waite said: “Allegiance and protection are, in this connection” (that is, in relation to citizenship), reciprocal obligations. The one is a compensation for the other: allegiance for protection, and protection for allegiance. . . . At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of [p680] parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further, and include as citizens children born within the jurisdiction, without reference to the citizenship of their parents. As to this class, there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens.

Minor v. Happersett (1874), 21 Wall. 162, 166-168. The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States, although not entitled to vote, the right to the elective franchise not being essential to citizenship.”


To what purpose did WKA cite Minor?

“That neither Mr. Justice Miller nor any of the justices who took part in the decision of The Slaughterhouse Cases understood the court to be committed to the view that all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment is manifest from a unanimous judgment of the Court, delivered but two years later...”

Less than one sentence, edge, but I’m sure it is long enough to confuse you...they were REJECTING “the view that all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment” - a view erroneously made in the Slaughterhouse case.


However, this quote is from section 5. The sections of WKA discussing NBC were sections 2 & 3, concluding, in the words of Kent:

“And if, at common law, all human beings born within the ligeance of the King, and under the King’s obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary. . . . Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.”

And with Binney’s comment:

“The common law principle of allegiance was the law of all the States at the time of the Revolution and at the adoption of the Constitution, and, by that principle, the citizens o the United States are, with the exceptions before mentioned,

(namely, foreign-born children of citizens, under statutes to be presently referred to)

such only as are either born or made so, born within the limits and under the jurisdiction of the United States or naturalized by the authority of law, either in one of the States before the Constitution or, since that time, by virtue of an act of the Congress of the United States.”


1,548 posted on 03/16/2013 9:49:23 PM PDT by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
[ Post Reply | Private Reply | To 1547 | View Replies ]


To: Mr Rogers
Rogers is now going into "baffle" mode, citing large amounts of text, hoping to confuse the argument. Here's the direct quote one more time.
The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States,
None of your arguments mean anything until you can be honest enough to admit this says her citizenship is due to birth to citizen parents. You're desperately trying to create a game of connect irrelevant dots, but NONE of it disputes this one, simple direct quote. Again, YOU CANNOT GET AROUND THIS.
1,549 posted on 03/16/2013 9:56:48 PM PDT by edge919
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