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To: Mr Rogers

You fight invaders by changing laws? Or do you fight invaders by preventing them from getting into America in the first place?


50 posted on 04/24/2013 7:08:46 PM PDT by JCBreckenridge (Texas is a state of mind - Steinbeck)
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To: JCBreckenridge

It isn’t changing the law. The term “natural born citizen’, which the US Supreme Court has said included and excluded the same folks as the 14th Amendment did, NEVER included those kids born to a foreign, invading army:

“But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King’s dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King.”

Also, the WKA decision made much of the fact that the parents of WKA were DOMICILED here:

“The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution...”

And

“...whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.”

IIRC, domicile is mentioned 18 times in the WKA decision.


56 posted on 04/24/2013 7:34:01 PM PDT by Mr Rogers (Liberals are like locusts...)
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