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

To: Para-Ord.45

More birther blather.

Natural born citizen has long been recognized as the US equivalent of ‘natural born subject’ - a phrase from English common law that included the children of aliens. In fact, some early state legislatures used the phrases interchangeably for years after the Constitution.

The Wong Kim Ark decision in the late 1800s discussed it in detail, and said:

“It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.”

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html

Notice the rule that applied to natural born subjects continued to prevail in the US after independence, and UNDER the US Constitution.

In truth, until birthers figure out how to answer the WKA decision, they will continue to be demolished in court - as they have been in every single case. Even when the other side doesn’t bother to show up...


12 posted on 02/06/2012 4:54:30 PM PST by Mr Rogers ("they found themselves made strangers in their own country")
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Mr Rogers

Just wondering, do you carry water for 0bama pro bono, or do you submit monthly invoices for your ‘services’?


44 posted on 02/06/2012 5:49:58 PM PST by mkjessup (Let's do to Mitt what his Irish Setter did to him while tied to the roof rack of his station wagon!)
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Mr Rogers
In truth, until birthers figure out how to answer the WKA decision

Theirs no 'answer' to it. It's being deliberately misapplied.

Wong Kim Ark petitioned the court as a native born citizen by right of the soil [jus soli], NOT a natural-born citizen by right of his blood [jus sanguinis].

The decision:

The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle.
Wong Kim Ark

-----

is as much a citizen as the natural born child of a citizen

Is as much a citizen.......He NEVER said Wong Kim Ark WAS a natural born citizen.

--------

Only Natural Law can bestow natural born citizenship because it is inherited through your bloodline.

And no man-made, positive law statute, policy, Act or Unconstitutional pResident can change it.

45 posted on 02/06/2012 5:50:22 PM PST by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Mr Rogers
"Natural born citizen has long been recognized as the US equivalent of ‘natural born subject’ - a phrase from English common law that included the children of aliens. In fact, some early state legislatures used the phrases interchangeably for years after the Constitution.

The Wong Kim Ark decision in the late 1800s discussed it in detail, and said:

“It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.”

---------------

Sounds reasonable, until you realize that NOT every child born in the U.S. was a natural born citizen from the time of the Declaration of Independence on. Some weren't even citizens, at all. Blacks were not provided birthright citizenship until the Civil Rights Act of 1866 and subsequently the 14th Amendment, and Native Americans weren't provided birthright citizenship until the Indian Citizenship Act of 1924.

Blows your theory all to hell.

153 posted on 02/06/2012 9:38:11 PM PST by Rides3
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Mr Rogers
So what you are saying is that Obama is a natural born citizen? Fine. But answer this: What happens to you if you blow off a subpeona to be in court with specific documents? Despite if he is or isn't a natural born citizen or if he can or cannot be on GAs ballot,he has shown he is above the law and as king does not have to abide by the rule of law that you and every other American has to abide by. He is still quilty of contempt of court but will not be held in contempt as other citizens of this country would doing the same thing and he knew it which is why he didn't bother showing up or sending his lawyer. He didn't have to but he did watch the proceeding from the White House..probably laughing as he did so. Yep we got a really great President and one that people will put right back in. Absolutely amazing how people will sell the souls to the devil. I could understand the first time since they didn't bother to check his record or lack of..but if people put him back in as much as he has destroyed this country...then God Help Us!
179 posted on 02/06/2012 11:10:43 PM PST by sharc
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Mr Rogers
So what you are saying is that Obama is a natural born citizen? Fine. But answer this: What happens to you if you blow off a subpeona to be in court with specific documents? Despite if he is or isn't a natural born citizen or if he can or cannot be on GAs ballot,he has shown he is above the law and as king does not have to abide by the rule of law that you and every other American has to abide by. He is still quilty of contempt of court but will not be held in contempt as other citizens of this country would doing the same thing and he knew it which is why he didn't bother showing up or sending his lawyer. He didn't have to but he did watch the proceeding from the White House..probably laughing as he did so. Yep we got a really great President and one that people will put right back in. Absolutely amazing how people will sell the souls to the devil. I could understand the first time since they didn't bother to check his record or lack of..but if people put him back in as much as he has destroyed this country...then God Help Us!
180 posted on 02/06/2012 11:10:43 PM PST by sharc
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Mr Rogers
So what you are saying is that Obama is a natural born citizen? Fine. But answer this: What happens to you if you blow off a subpeona to be in court with specific documents? Despite if he is or isn't a natural born citizen or if he can or cannot be on GAs ballot,he has shown he is above the law and as king does not have to abide by the rule of law that you and every other American has to abide by. He is still quilty of contempt of court but will not be held in contempt as other citizens of this country would doing the same thing and he knew it which is why he didn't bother showing up or sending his lawyer. He didn't have to but he did watch the proceeding from the White House..probably laughing as he did so. Yep we got a really great President and one that people will put right back in. Absolutely amazing how people will sell the souls to the devil. I could understand the first time since they didn't bother to check his record or lack of..but if people put him back in as much as he has destroyed this country...then God Help Us!
181 posted on 02/06/2012 11:11:07 PM PST by sharc
[ Post Reply | Private Reply | To 12 | 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