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U.S. v. Wong Kim Ark, 169 US 649, 654 (1898) states as follows:
The constitution of the United States, as originally adopted, uses the words 'citizen of the United States' and 'natural-born citizen of the United States.' By the original constitution, every representative in congress is required to have been 'seven years a citizen of the United States,' and every senator to have been 'nine years a citizen of the United States'; and 'no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president.' Article 2, § 1. The fourteenth article of amendment, besides declaring that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,' also declares that 'no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.' And the fifteenth article of amendment declares that 'the right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any state, on account of race, color, or previous condition of servitude.'
The constitution nowhere defines the meaning of these words, either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that 'all persons born r naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' Amend. art. 14. In this, as in other respects, it must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the constitution. Minor v. Happersett, 21 Wall. 162; Ex parte Wilson, 114 U. S. 417, 422, 5 Sup. Ct. 935; Boyd v. U. S., 116 U. S. 616, 624, 625, 6 Sup. Ct. 524; Smith v. Alabama, 124 U. S. 465, 8 Sup. Ct. 564. The language of the constitution, as has been well said, could not be understood without reference to the common law. 1 Kent, Comm. 336; Bradley, J., in Moore v. U. S., 91 U. S. 270, 274.
U.S. v. Wong Kim Ark, 169 US 649, 655 (1898) states as follows:
In Minor v. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the fourteenth amendment now in question, said: 'The constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.' And he proceeded to resort to the common law as an aid in the construction of this provision. 21 Wall. 167.
In Smith v. Alabama, Mr. Justice Matthews, delivering the judgment of the court, said: 'There is no common law of the United States, in the sense of a national customary law, distinct from the common law of England as adopted by the several states each for itself, applied as its local law, and subject to such alteration as may be provided by its own statutes.' 'There is, however, one clear exception to the statement that there is no national common law. 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, 8 Sup. Ct. 569.
II. The fundamental principle of the common law with regard to English nationality was birth within the allegiancealso called 'ligealty,' 'obedience,' 'faith,' or 'power'of the king. The principle embraced all persons born within the king's allegiance, and subject to his protection. Such allegiance and protection were mutual,as expressed in the maxim, 'Protectio trahit subjectionem, et subjectio protectionem,'and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance; but were predicable of aliens in amity, so long as they were within the kingdom. Children, born in England, of such aliens, were therefore natural-born subjects. 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.
U.S. v. Wong Kim Ark, 169 US 649, 661-662 (1898) states as follows:
In McCreery v. Somerville (1824) 9 Wheat. 354, which concernedt he title to land in the state of Maryland, it was assumed that children born in that state of an alien who was still living, and who had not been naturalized, were 'native-born citizens of the United States';
U.S. v. Wong Kim Ark, 169 US 649, 662-663 (1898) states as follows: (key passage)
In U. S. v. Rhodes (1866), Mr. Justice Swayne, sitting in the circuit court, said: '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.' 'We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution.' 1 Abb. (U. S.) 28, 40, 41, Fed. Cas. No. 16,151.
And again: 'The doctrine of the common law is that every man born within its jurisdiction is a subject of the sovereign of the country where he is born; and allegiance is not personal to the sovereign in the extent that has been contended for; it is due to him in his political capacity of sovereign of the territory where the person owing the allegiance was born.' Kilham v. Ward (1806) Id. 236, 265.
Perkins v. Elg, 307 U.S. 325, 327 (1939) states as follows:
Miss Elg was born in Brooklyn, New York, on October 2, 1907. Her parents, who were natives of Sweden, emigrated to the United States sometime prior to 1906 and her father was naturalized here in that year.
Perkins v. Elg, 307 U.S. 325, 349-350 (1939) states as follows:
The court below, properly recognizing the existence of an actual controversy with the defendants (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 57 S.Ct. 461, 81 L.Ed. 617, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants.
Explanation: By Elg's father becoming a U.S. citizen by naturalization in 1906, Elg's mother received a derivative U.S. citizenship by being married to Elg's father.
Mathematical Equation:
Born to 2 U.S. Citizen Parents (+) Born in the U.S. Mainland = Natural Born Citizen of the U.S.
Re: 429 posted on Friday, July 03, 2009 7:14:25 AM by Beckwith
I draw the opposite conclusion: Born within the kingdom/country = natural born. Can’t be any clearer than it is in the text you posted. You actually make my case. Thanks.
You might want to read the pinged post, it addresses your repeated mistaken impression of Elg and Ark.