Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: In Maryland
You make two major mistakes in your comment.

A) The last sentence in the decision is NOT the only part of a decision that is binding or stands as a legal precedent. The court also said, "Certainly, if the courts can consider any question settled, this is one. For nearly ninety years the people have acted upon the idea that the Constitution, when it conferred citizenship, did not necessarily confer the right of suffrage." In this question that THIS court settled, citizenship is a key part of the decision.

B)You misunderstand what the court is saying when it says it is not necessary to solve these doubts. Its only talking about the doubts of whether the second class of persons are citizens or not. The first class of citizens had no doubts, and that's why it alone was characterized as natural-born and distinguished from anyone who must rely on other means of becoming citizens.

338 posted on 02/02/2012 10:14:30 AM PST by edge919
[ Post Reply | Private Reply | To 333 | View Replies ]


To: edge919
You make two major mistakes in your comment. A) The last sentence in the decision is NOT the only part of a decision that is binding or stands as a legal precedent.

I didn't say it was. But the only thing the court held with regard to natural-born citizens is that those born in the country of citizen parents are natural-born citizens. I've never heard a serious argument against that. But the court did not specifically hold that those born here to non-citizen partents AREN'T NBC. The only thing the court held is that, without doubt, as Virginia Minor was born in this country of citizen parents she was a citizen.

"B)You misunderstand what the court is saying when it says it is not necessary to solve these doubts. Its only talking about the doubts of whether the second class of persons are citizens or not.

On re-reading the case, I accept that the court in saying it was "not necessary to resolve these doubts" was referring to the second class of citizen. In this case, there is no doubt that Virginia Minor was a citizen under any possible definition of the term. That question, and the further question as to whether citizens, by being citizens, acquired the right to vote, were the questions to which the court addressed itself. The court did not address itself to defining NBC except to say that a person born in the US to US parents was certainly a natural-born citizen. It did not state that others were excluded from that class.It did not say that others COULD BE included in that class. It was not a question before the court and, hence, not decided.

349 posted on 02/02/2012 10:48:37 AM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
[ Post Reply | Private Reply | To 338 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson