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

To: Anitius Severinus Boethius; Kansas58

Minor v. Happersett , 88 U.S. 162 (1875)
This case concerned Mrs. Happersett, an original suffragette, who in virtue of the 14th Amendment attempted to register to vote in the State of Missouri, and was refused because she was not a man. The Chief Justice of the Supreme Court in that year, wrote the majority opinion, in which he stated:

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.

United States v. Wong Kim Ark, 169 U.S. 649 (1898)
In this case, Wong Kim Ark, the son of 2 resident Chinese aliens, claimed U.S. Citizenship and was vindicated by the court on the basis of the 14th Amendment. In this case the Justice Gray gave the opinion of the court. On p. 168-9 of the record, He cites approvingly the decision in Minor vs. Happersett:

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.


1,043 posted on 01/03/2012 8:10:15 PM PST by Sioux-san
[ Post Reply | Private Reply | To 887 | View Replies ]


To: Sioux-san
In the Happersett case you quote:

Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents.

And in the Ark case, Ark was born in California to Chinese parents, and was indeed confirmed to be a natural born citizen in that case by being born in the U.S. to non-citizen parents.

Both of these cases would confirm that Marco Rubio is a natural born citizen.

1,070 posted on 01/03/2012 8:15:27 PM PST by Anitius Severinus Boethius
[ Post Reply | Private Reply | To 1043 | View Replies ]

To: Sioux-san

you do not understand what you quote -— natural law and common law only matter when there is no LEGISLATIVE LAW! -— there was none then -— there is now!


1,236 posted on 01/03/2012 8:36:25 PM PST by Kansas58
[ Post Reply | Private Reply | To 1043 | View Replies ]

To: Sioux-san

you do not understand what you quote -— natural law and common law only matter when there is no LEGISLATIVE LAW! -— there was none then -— there is now!


1,237 posted on 01/03/2012 8:36:35 PM PST by Kansas58
[ Post Reply | Private Reply | To 1043 | View Replies ]

To: Sioux-san

you do not understand what you quote -— natural law and common law only matter when there is no LEGISLATIVE LAW! -— there was none then -— there is now!


1,238 posted on 01/03/2012 8:36:35 PM PST by Kansas58
[ Post Reply | Private Reply | To 1043 | 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