To: Sibre Fan
The constitution came before the Supreme Court.
Native Born does not equate Natural Born.
97 posted on
09/21/2009 4:29:51 PM PDT by
Lower55
To: Lower55
The constitution came before the Supreme Court. Correct.
And ....
Since the Constitution does not define the term, one must resort to (a) original intent; and/or (b) case law to define the term.
(A) ORIGINAL INTENT: As for "original intent," as outlined exhaustively in Lynch v. Clarke, the statutes and case law of all the colonies/new states at the time the Constitution was drafted provided that a child born in the colony/state was a citizen (natural born/native born), regardless of his or her parent's citizenship. Thus, as Lynch so eloquently states, if the Founding Fathers had meant to impose some new requirement and/or new definition, they surely would have provided for that in the Constitution. Given that they did not provide a new and different definition than that adopted in all 13 states, the only rational conclusion that can be drawn is that they meant to incorporate the existing meaning into the Constitution. And, to repeat: the "existing meaning" under the statutes and case law in all 13 colonies/states was that NBC=born in the colony/state.
(A) CASE LAW: With respect to case law, see links above.
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