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To: RobinMasters
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.

In my reading of this, this case specifically does NOT answer this question. They avoided solving the problem. This surprises me since this is the case everyone seems to cite (and this is the first time I've actually read it). I don't see how this is in any way helpful.

11 posted on 10/27/2011 9:03:41 PM PDT by brytlea (An ounce of chocolate is worth a pound of cure)
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To: brytlea
Read the whole case and understand it.

There is class A and B. A is NBC. B is born of foreign citizens, and there is doubt they are even CITIZENS, let alone Natural born citizens.

The judges decide Virginia Minor is an NBC, so she is a citizen.

17 posted on 10/27/2011 9:12:43 PM PDT by PA-RIVER
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To: brytlea

88 U.S. 162
Minor v. Happersett
Argued: February 9, 1875 -— Decided: March 29, 1875

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0088_0162_ZO.html

(excerpt from the Opinion of the Court)

“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 words “all children” are certainly as comprehensive, when used in this connection, as “all persons,” and if females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the plaintiffs proceeds upon that idea.”


24 posted on 10/27/2011 10:37:40 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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