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To: Sherman Logan
IOW, it is extending to all racial groups the same definition of citizenship previously applied, by some states, only to white people. Which is jus solis, with minor exceptions as outlined in common law.

What you mean is that it is removing the Jus Sanguinus requirement.

141 posted on 11/21/2012 8:25:55 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp

Not exactly.

As the SCOTUS says, jus solis was the basic rule throughout American history. It’s just that some states prohibited certain racial groups from being citizens despite their qualifying under jus solis.

The 14th prohibited this practice.

Actually it didn’t. What it did was proportionally limit the representation in Congress, and therefore in the Electoral College, of those states that chose to practice such discrimination. I’ve often thought it would be hilarious to view the apoplexy of liberals if a state legislature were to vote to disenfranchise blacks, which is of course perfectly okay according to the 14th if you are willing to pay the price.


144 posted on 11/21/2012 9:19:14 AM PST by Sherman Logan
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