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To: Danae

“It is obvious you are unfamiliar with the cases”

I wonder if we were to poll everyone in the U.S. who knows of the case to see if they agree with my characterization of it being about citizenship and explicitly not about presidential eligibility how large would be the majority that came down on my side. Because I know it would be a majority, just not sure how much Birthers have poisoned the well.

“You cannot quote them”

Actually, I can. But I don’t see the efficacy. What I’m arguing is that they didn’t address the issue of whether native born citizens are natural born citizens. Everyone knows they didn’t, even you. Presidential eligibility was not at issue. Birthers cling to the fact that they used another word, which in and of itself they think is proof that the native born are “different” and therefore irrelevant.

The difference between you and I is that I’m asserting what is a completely non-controversial claim, i.e. that Wong Kim Ark wasn’t about natural born status. Since in this case, as in many others, it’s hard to “prove a negative,” my quoting various parts that don’t address presidential eligibility would be no proof at all. I could quote a portion which demonstrates that they weren’t interested in the question, and for that I can do no better than excerpting from the quote from the previous decision you sought fit to quote in turn:

“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.”

There it is, right there. For the purposes of the Wong Kim Ark case, whether or not native born citizens were also natural born citizens was irrelevant. Presidency wasn’t at issue, and as such, they steered clear of deciding whether Ark could be president. I hereby provide a link to a site which is at least respectful of Birther, if not an actual Birther site, which admits as much (as all of the honest ones must):

http://people.mags.net/tonchen/birthers.htm#ref14

Here I find the author saying, “The Wong Kim Ark case does not directly apply to Barack Obama’s presidential eligibility...The Supreme Court did not rule that Mr. Ark was a natural born citizen. It merely ruled that he was a citizen.”

He says so in response to the question, “Doesn’t the Wong Kim Ark decision make Obama a ‘natural born citizen’?” implying in the least that the Wong Kim Ark case tends to bolster the anti-Birther side, which is indeed the case.

You, with all your research acumen and knowledge of legalese have yet to quote or link to one part of the Wong Kim Ark case which does say that native born citizens don’t fit the natural born requirement. The excerpt from the previous case you quoted says only that whether the native born are natural born is in doubt, and further that such doubt will not be answered. Please, would you quote the part of the case that proves me wrong!


137 posted on 12/14/2009 11:26:43 AM PST by Tublecane
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To: Tublecane
For all your rhetoric, you still miss the point.

Though you admitted it earlier. There is mention of two separate and distinct types of citizenship. Citizen, and natural born citizen. If there was no difference it would be simply citizen. But that is not the case.

The case states that Ark was a citizen, but not a natural born citizen. Why? Because in regards to cases where the citizenship of a person is looked at while also considering the citizenship of their parents, there are doubts as to the extent of their citizenship. In other words, they are a citizen, but are they a Natural Born Citizen? On that question there are doubts. The SCOTUS has not yet had a specific case to decide it, YET.

See also this article starting on page 134 "A Question of Citizenship"

The Nation Citizenship http://www.scribd.com/doc/24094510/The-Nation-Citizenship
152 posted on 12/14/2009 12:37:38 PM PST by Danae (No political party should pick candidates. That's the voters job.)
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