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To: ObligedFriend
WAITE, C.J., Opinion of the Court

SUPREME COURT OF THE UNITED STATES

88 U.S. 162

Minor v. Happersett

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

Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides [n6] that "no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President," [n7] and that Congress shall have power "to establish a uniform rule of naturalization." Thus new citizens may be born or they may be created by naturalization.

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.

36 posted on 05/09/2013 8:28:37 PM PDT by Texas Fossil
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To: Texas Fossil

Just because Rafael Cruz speaks a message that is sweet to the ears of some Conservatives it does not change the fact he was born a Canadian and a Cuban.


39 posted on 05/09/2013 8:39:08 PM PDT by ObligedFriend
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