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To: SvenMagnussen
Minor v. Happersett is a SCOTUS opinion about states rights as it pertains to the privileges and immunities clause of the Constitution. The SCOTUS opinion mentions in dicta, or conversation about the case, a native born with two citizen parents is undoubtedly a Natural-born citizen.

That is incorrect! In WKA, the court cites Minor as deciding that Minor was a US citizen based on the fact that she was born in the country of citizen parents. That is what the Minor court called 'natural born citizens'!

This is from the Wong kim Ark opinion -
Minor v. Happersett (1874), 21 Wall. 162, 166-168. The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States, although not entitled to vote, the right to the elective franchise not being essential to citizenship.


Nowhere in Wong does the court declare Wong an NBC. To the contrary the court declares Wong 'as much a citizen as a natural born child of a citizen'. The court clearly stated that Wong WAS NOT a natural born citizen, and was a citizen born in the US of alien parents.

The Wong court clearly added to the Minor decision my continuing where the Minor court left off when it said -
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 [p168] 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.


The Minor court did not need to determine if children born in the US were citizens 'without reference to the citizenship of their parents', but the Wong court did. So it started with the definition that Minor started, and finished it. In Wong the court decided that Wong was a citizen, it NEVER stated that he was a 'natural born citizen'.
506 posted on 01/26/2012 9:39:02 AM PST by MMaschin
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To: MMaschin

This just in from the CBS media:

Judge Considers Whether To Keep Obama On The Ballot

http://www.cbsatlanta.com/story/16607410/judge-considers-whether-to-keep-obama-on-ballot

The article mentions no word of the Attorneys arguing Minor v Happersetts definition of a natural born Citizen at all nor does the article mention that Obama’s father was born in Kenya and was a British Citizen. The article never mentions any of that but the CBS article chose to mention the fact that Mitt Romneys dad was born in Mexico and the Santorums dad was born in Italy. How about that spin? You can’t say CBS is not in the tank for Obama, they are with this deceptive story minutes after the court proceedings was over. Here is the article:

ATLANTA (CBS ATLANTA)

... Similar complaints have been filed in other states. None have been successful.

Jablonski said Obama has long made his birth certificate and other documents proving his citizenship available to the public.

The Georgia complaint wants to keep Obama’s name off the state’s presidential primary ballot in March.

Similarly, Mitt Romney’s father was born in Mexico and Rick Santorum’s father was born in Italy.

No one has filed a complaint about either of those candidates’ eligibility.

Also, attorney Orly Taitz, one of the prime movers in the birther movement, called a witness who claimed the President’s social security number appeared to be fraudulent, saying the number was for someone born in 1890 not 1961, the year the President was born.

Taitz put herself on the stand. She claims the president was born in Indonesia and went under different names as a young student during his time in Indonesia.

Taitz claims the president committed fraud and forgery on his birth certificate and social security number. She asked the judge to find the president in contempt for failing to show up in court.


513 posted on 01/26/2012 9:46:41 AM PST by Obama Exposer
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