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To: Mr Rogers

I have already asked you to provide for me the Wong Kim Ark sources (just a list) that allegedly support its “same rule” thesis. You have failed to do so.


156 posted on 11/21/2012 11:08:00 AM PST by Puzo1 (Ask the Right Questions to Get the Right Answers)
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To: Puzo1

They also used Minor to REFUTE the idea that the Slaughterhouse case meant the court restricted citizenship by birth to those of citizen parents:

“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.”

That was found in the latter part of the WKA decision, when they were discussing the 14th Amendment - having already discussed the NBC clause previously.


160 posted on 11/21/2012 11:41:32 AM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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