“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
Your sources were utterly wrong. Justice Gray, other jJustices, and the Indiana justices deserved to be impeached for their inexcusable false statements while knowing full well they were denying the plaintiffs any opportunity to impeach the false and unsupported statements of the courts with vrfiable case law and historical precedents to the contrary.
“The common law of England is not the common law of these states. (Debate in Virginia Ratifying Convention, 19 June 1788)”
“It is clear there can be no common law of the United States. The Federal government is composed of twenty-four sovereign and independent states, each of which may have its local usages, customs and common law. There is no principle which pervades the Union and has the authority of law, that is not embodied in the constitution or laws of the Union. The common law could be made a part of our Federal system only by legislative adoption.” (U.S. Supreme Court, Wheaton vs Peters)
You are relying upon blatantly false dicta that is easily impeached and refuted.
Your sources were utterly wrong. Justice Gray, other jJustices, and the Indiana justices deserved to be impeached for their inexcusable false statements while knowing full well they were denying the plaintiffs any opportunity to impeach the false and unsupported statements of the courts with vrfiable case law and historical precedents to the contrary.
“The common law of England is not the common law of these states. (Debate in Virginia Ratifying Convention, 19 June 1788)”
“It is clear there can be no common law of the United States. The Federal government is composed of twenty-four sovereign and independent states, each of which may have its local usages, customs and common law. There is no principle which pervades the Union and has the authority of law, that is not embodied in the constitution or laws of the Union. The common law could be made a part of our Federal system only by legislative adoption.” (U.S. Supreme Court, Wheaton vs Peters)
You are relying upon blatantly false dicta that is easily impeached and refuted.
No, they were not. The justices outright lied knowing they were denying the plaintiffs any opportunity to protest, refute, or impeach the court’s lies, other than Fuller’s dissenting minority opinion.