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To: Cheburashka

I support here is a quote from majority opinion of the Supreme Court in US v Wong Ark Kin 169 US 649 (1898)

“The interpretation of the constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.” 124 U.S. 478
“All persons born in the allegiance of the king are natural- born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.”
“The (14th) amendment, in clear words and in manifest intent, includes the children born within the territory of the United States of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. His allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke in Calvin’s Case, 7 Coke, 6a, ‘strong enough to make a natural subject, for, if he hath issue here, that issue is a natural-born subject-”


7,315 posted on 08/06/2009 9:23:24 AM PDT by Cymraeg
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To: Cymraeg; Cheburashka; BP2; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; ..

Then using your argument Barry has divided allegiance. Meaning his birth is not wholely of on Nationality but of two.

Barry’s citizenship at birth was plural. There is no way he was under the “totall jurisdiction” of the USA. He also was under the jurisdiction of Kenya and whatever status it held as a state in 1961 and the subsequent status of independance just a few years later.

You cannot claim the wholeness of one when you are both.

Try this excercise:

American Citizenship cannot be conferred upon a baby whose parents are citizens of another country.

Think of this way. Mom and Dad, from say, Paris, France come to Disneyland in Los Angeles. While they are here, on vacation, the very pregnant, French Mom goes into labor.

Well the smart thing to do is get to a hospital. So they do, cuz they are smart (they are French after all).

So while the smart, French, pregnant woman is in the hospital she gives birth. We can say it is a boy for the purpose of this discussion.

Anyway, out pops this kid, thing, with ten fingers and ten toes. Perfect. Except now the vacation is over and the newly minted French Mom and Dad have to go home. They live in the Montmartre District of Paris and can’t wait to get home and have their baby blessed and baptized, at a little church called Sacré Coeur.

This beautiful white church is just a couple of blocks up from them and sits on a hill overlooking Paris. It will be a beautiful, momentous and joyous occasion.

So they leave the next day on board a British Airways flight, so the French Mom can lay down on a bed for the overnight flight and be comfortable.

The French Mom and French Dad, arrive at de Gaulle International and the immigration and customs people, of France, ask for the passport of the French Mom and French Dad.

They ask if the French Mom and French Dad have anything to declare and ....

So what nationality is the child?


7,368 posted on 08/06/2009 10:29:35 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Cymraeg

Great article on why Wong Kim Ark cannot be used to determined natural born citizenship.

http://federalistblog.us/2006/12/us_v_wong_kim_ark_can_never_be_considered.html


7,373 posted on 08/06/2009 10:31:27 AM PDT by RichieVan
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