No Bluecat6, what the 1790 Naturalization act asserted exceeded the authority of the Congress, and was eliminated from US Code in the 1795 act. But it was a "Naturalization Act." There are two classes of citizen, natural, and naturalized. Like the 14th Amendment, the most it could have done was to create a naturalized "born citizen", which was called a "native born citizen of the US, as Obama declared himself to be. The 1790 act, deceptively used by Obama’s constitutional law professor, Larry Tribe, when he asserted that McCain was a natural born citizen because he was born to two citizen parents in the submission by Tribe and Ted Olson to the Senate Judiciary Committee hearings over Senate Res 511, which was signed in agreement by all senators including Obama, but excluding McCain (as it could have cause legal trouble had he prevailed over Obama).
Leo Donofrio has erased any legal doubts about whether Justice Waite's statement was dictum. The Minor case was built upon the “..., it was never doubted that all children born in a country of parents who were its citizens.” statement, previously common law understood by our framers, as were almost all terms used in the Constitution. It was the only constitutional definition of a class of citizen before the 14th Amendment. Virginia Minor was one of the majority of citizens who were natural born citizens, thus asserting beyond doubt that she was a citizen. About the class of naturalized citizens there were many doubts, so Waite told us his decision was independent of the 14th Amendment by design, and thus uncorrupted by the doubts about who were citizens.
No law, no amendment, no supreme court decision has altered the definition made precedent by Minor v. Happersett. It is a remarkable time when states, beholden to political forces, unions, statists, will resort to altering the constitutional definition of who is eligible to be president in their official documents. It is more understandable that Obama’s fellow travelers, people who honestly, as Barack told us, want to dispense with the Constitution because it prevents them from doing what they feel the nation needs. The owners of justia.com, federal judges who are all political appointees, will lie to protect what they perceive as their political comrades. Now both New York and Indiana have shown that holding temporary power - because that is all that it will be - trumps the constitution.
As Donofrio pointed out, the Waite decision does not invalidate the remarkable history recounted on rxsid’s “home page”, leading to Ramsay, Jefferson, Franklin (many times) our first law school William and Mary, Marshall, Washington,... But having decided law eliminates the need to another interpretation. It may not be necessary, though certainly interesting, to know to whom Barack was born, or how many social security numbers he has, and with what names. Only an amendment can alter the Minor decision.
Republicans were quiet because they were just as complicit in supporting McCain, whom the Democrat Senate whitewashed with SR 511 and the Obama-McCaskill SB 2678 during the spring of 2008. They are willing crooks, and one way or another, in the famous words of Obama’s spiritual adviser for two decades, “The chickens are coming home to roost.” They should all be prosecuted, because all of them knew that Obama was born to an alien father. Obama told us. He also told that that he was born, natural born it turns out, though he didn't include that on his web site, a subject of the British Commonwealth. Would our founders and framers have writen a constitution which would sanction as president, our sovereign, the son, born to and a subject of our enemy Great Britain?
I believe we are in violent agreement. I was trying to point that the original act did not ever ‘define’ nbC. It tried to grant legal rights to those not true nbCs with the legal status of nbC. And that was for only one purpose - to allow a certain class of non-nbC to be TREATED as nbC for purposes of allowing them to be President.
The Senates SR 511 contains a direct lie concerning the act when it says that nbC was ‘defined’ by the act.
Lets repeat that - the US Senate - almost in total - lied to the American people in SR 511. Of that - there is no doubt.
Because of this FandF will unfold quickly and before the full election cycle in 2012. The liars who signed and voted for SR511 and ignored their duty are looking for cover and FandF gives it to them in a neat package to avoid their failing in defending the Constitution.