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

To: STARWISE
"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."

United States v. Wong Kim Ark, 169 U.S. 649 (1898)


1,601 posted on 10/12/2009 9:27:47 AM PDT by mlo
[ Post Reply | Private Reply | To 1597 | View Replies ]


To: mlo

“The constitution of the United States, as originally adopted, uses the words ‘citizen of the United States’ and ‘natural-born citizen of the United States.’

By the original constitution, every representative in congress is required to have been ‘seven years a citizen of the United States,’ and every senator to have been ‘nine years a citizen of the United States’; and ‘no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president.’ Article 2, 1.

The fourteenth article of amendment, besides declaring that ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,’ also declares that ‘no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’

And the fifteenth article of amendment declares that ‘the right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any state, on account of race, color, or previous condition of servitude.’

The constitution nowhere defines the meaning of these words, either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that ‘all persons born r naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.’ Amend. art. 14. In this, as in other respects, it must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the constitution. Minor v. Happersett, 21 Wall. 162; Ex parte Wilson, 114 U.S. 417, 422 , 5 S. Sup. Ct. 935; Boyd v. U. S., 116 U.S. 616, 624 , 625 S., 6 Sup. Ct. 524; Smith v. Alabama, 124 U.S. 465 , 8 Sup. Ct. 564. The language of the constitution, as has been well said, could not be understood without reference to the common law.

1 Kent, Comm. 336; Bradley, J., in Moore v. U. S., 91 U.S. 270 , 274. [169 U.S. 649, 655]

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.’ And he proceeded to resort to the common law as an aid in the construction of this provision. 21 Wall. 167.”

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=169&invol=649

Wong Kim Ark was legally allowed to vote in the US.

Was Wong Kim Ark Constitutionally eligible to run for
and attain the office of presidency/vice presidency of
the United States ?


1,616 posted on 10/12/2009 2:16:51 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 1601 | 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