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To: patlin
You have to read the opinion and see the references they used in determining her citizenship status before stating what you do. Have you done that? My guess is not.

Of course I have. I'm not saying she was not a natural born citizen, she was. But that was not the issue in her case. The issue was "is she a citizen". Being a natural born citizen obviously means she was a citizen. But she could have been merely "native born", had her parents not been naturalized when she was born, say if they'd been legal resident aliens, like the parents of the Governor of Louisiana were when he was born, and she'd still be a citizen, and still entitled to a US passport and admission to the US, which was the real issue in her case. The court could thus have delared her to be a native born citizen, which she also was, and the result/finding would have been the same.

44 posted on 01/10/2010 10:14:30 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
you are totally misrepresenting the opinion and you do not cite what references the court used in its decision...

First. On her birth in New York, the plaintiff became a citizen of the United States. Civil Rights Act of 1866

Be it enacted . . ., That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States;

Then the court goes on to cite WKA as a reference in which we know references Minor v Happersett:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. 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 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. -Chief Justice Waite in Minor v. Happersett (1875)

“In Minor v. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the fourteenth amendment now in question, said: ‘The constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.’” -Justice Grey, in US v Wong Kim Ark (1898)

54 posted on 01/10/2010 11:25:57 PM PST by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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