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To: Nero Germanicus
Wong Kim Ark’s parents returned to China and never again returned to the United States.

I don't think John Marshall would have found in favor of Wong Kim Ark either. The Wong decisions was pretty much a case of Republicans against the Democrats, with the Republicans being in the majority, though one Democrat did vote with the majority. He was from Louisiana which had a very different culture from the rest of the country.

92 posted on 05/14/2015 3:21:25 PM PDT by DiogenesLamp
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To: DiogenesLamp

John Marshall was an activist justice. He invented the concept of judicial review in Marbury v Madison which gave his Supreme Court huge new powers and the concept of judicial review of bills passed by the legislative branch is nowhere in the Constitution.

There’s no telling how John Marshall might have ruled after the passage of the citizenship clause of the 14th Amendment. John Marshall was a slaveholder but he had also argued cases for emancipation as an attorney.

There’s been 117 years to reverse the Wong ruling with lots of Supreme Courts composed of lots of different configurations. It still stands “stare decisis.”

.


97 posted on 05/14/2015 3:42:48 PM PDT by Nero Germanicus (PALIN/CRUZ: 2016)
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