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To: MamaTexan

“I’ve shown the exact words of the decsion itself, and it says no such thing.”

Actually, you have never read the decision, and you howl in protest when extensive quotes are made.

I know you won’t be able to understand the following paragraph from the decision, but I’ll present it for those capable of reading:

“The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, “All persons born in the United States” by the addition “and subject to the jurisdiction thereof,” would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases — children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State — both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. Calvin’s Case, 7 Rep. 1, 18b; Cockburn on Nationality, 7; Dicey Conflict of Laws, 177; Inglis v. Sailors’ Snug Harbor, 3 Pet. 99, 155; 2 Kent Com. 39, 42.”

Thus all those who were NBC were 14th, and all those who were 14th were NBC.

“The real object of the Fourteenth Amendment of the Constitution...would appear to have been to exclude, by the fewest and fittest words...the two classes of cases [that] had been recognized exceptions to the fundamental rule of citizenship by birth within the country.”

There is a fundamental rule, citizenship by birth within the country. It applied to the colonies, and then to the USA under the Constitution. It had two primary exceptions, and the wording of the 14th merely used the fewest words to restate that.

Wong Kim Ark, coming from the US Supreme Court on the US Constitution, is binding on all courts in the US. The holding is the entire argument used, and not just the final sentence in a decision. Ober dicta are those throw-away sentences, not critical to the argument and not discussed or argued in the case, that courts sometimes make - like Minor did on the meaning of NBC.

Since you refuse to read the entire decision, you cannot say what the argument was. Everyone else can, and thus all 50 states, all 535 members of Congress, and all courts in the USA know the issue was settled in 1898.


920 posted on 03/10/2013 7:51:57 PM PDT by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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To: Mr Rogers

My daughter was born in the USA to a Filipino mother and American father, and she has documented citizenship in both countries.

Is she a natural born citizen, a citizen, or dual citizen?

A guy I work with is Greek, married to a Greek. They have two kids born in the USA. Neither kid is allowed to speak English. Both have documented citizenship from Greece and the USA.

Same Question. Are they Natural born, citizen, or dual?


933 posted on 03/10/2013 8:06:47 PM PDT by PA-RIVER
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