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To: parsifal
Other people—take the Wong Kim Ark case. Birthers dismiss it. Its a Supreme Court case, and probably the most relevant law on this matter. Most birthers just dismiss it. Ah, them guys didn’t know what they were doing.

You put way too much energy into demonizing people with pointless labels, such as 'birther' and ignoring direct challenges to your canards and assumptions, such as the Wong Kim Ark decision. I pointed out earlier that this decision says very specifically that the child was considered a citizen at birth because the parents were permanent U.S. immigrants. The permanent domicile was how Judge Gray applied the jurisdiction clause of the 14th amendment. Obama's father was not an immigrant and certainly not a permanent immigrant. Since the founders considered citizenship by descent was via the fathers only, there's considerable Gray area (pun intended) as to whether Obama was a U.S. citizen much less a natural born citizen.

1,196 posted on 02/25/2010 10:30:17 PM PST by edge919
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To: edge919

That’s not what it says in the case. The case is about being born in this country, and whether or not that makes one a citizen. IT DOES, with a few exceptions, which are explained fully in the case. But lets not argue. Here is the holding. NOTE THE SECOND PARAGRAPH:

The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The 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 Rep. 6a, “strong enough to make a natural subject, for if he hath issue here, that issue is a natural-born subject;” and his child, as said by Mr. Binney in his essay before quoted, “if born in the country, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle.” It can hardly be denied that an alien is completely subject to the political jurisdiction of the country in which he resides — seeing that, as said by Mr. Webster, when Secretary of State, in his Report to the President on Thrasher’s Case in 1851, and since repeated by this court,

independently of a residence with intention to continue such residence; independently of any domiciliation; independently of the taking of any oath of allegiance or of renouncing any former allegiance, it is well known that, by the public law, an alien, or a stranger [p694] born, for so long a time as he continues within the dominions of a foreign government, owes obedience to the laws of that government, and may be punished for treason, or other crimes, as a native-born subject might be, unless his case is varied by some treaty stipulations.

See the language they are adopting and relying on:

“independently of a residence with intention to continue such residence; independently of any domiciliation; independently of the taking of any oath of allegiance or of renouncing any former allegiance, “

and this:

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 Rep. 6a, “strong enough to make a natural subject, for if he hath issue here, that issue is a natural-born subject;”

Thats the law...

parsy


1,211 posted on 02/25/2010 10:56:06 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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