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To: Mr Rogers

Why do you keep citing dicta to support your argument?


22 posted on 05/04/2012 8:31:37 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36; WhiskeyX

“Why do you keep citing dicta to support your argument?”

Because every court in the country will follow that ‘dicta’ which, unlike the dicta in Minor, is critical to the court’s argument.

“Few American jurists had any access to any written English common law and precedents”

That is a stupid and utterly false statement.

“The rule didn’t apply to American nationality”

Not hardly. The case, after all, had nothing to do with British nationals living in the USA.

“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


98 posted on 05/04/2012 2:01:51 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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