Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Nathanael1
“However, the Act is strong prima facie evidence that the first Congress saw no constitutional issues with it.”

People make mistakes...and then correct them! The fact that the NBC language in the 1790 law was almost immediately removed is prima facie evidence that the founders HAD issues with the 1970 Act NBC language, IMO. Otherwise, why did they remove it? The NBC statutory language was eradicated as though it never existed.

142 posted on 06/26/2011 9:07:08 PM PDT by Seizethecarp
[ Post Reply | Private Reply | To 130 | View Replies ]


To: Seizethecarp
The fact that the NBC language in the 1790 law was almost immediately removed

The entire act was "almost immediately removed". Without evidence, pointing fingers at any one provision is speculation. There were numerous differences between the Acts of 1790 and 1795. One was that the requirement for term of residence prior to naturalization was dramatically increased, specifically out of fear of being inundated with Jacobins fleeing the French Revolution. There was also a lot of political infighting going on between Jeffersonian Democratic-Republicans and Republicans, which resulted in a whole line of short-lived naturalization acts between 1790 and 1802, in at least one case specifically intended to suppress the political base of one side or the other.

I think it's far too simplistic and speculative to simply point at the disappearance of any particular provision and declare it must reflect constitutional issues.

146 posted on 06/26/2011 9:33:37 PM PDT by Nathanael1
[ Post Reply | Private Reply | To 142 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson