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

To: rxsid
Before the Court could get to voting rights, they had to establish that she was a US citizen.

There is just no other way to say it than that Donofrio is flat-out wrong, and thus is every birther that has cut-n-pasted him on this point.

1) In the opening paragraph of the MvH opinion Waite is crystal clear that the only question before the Court was whether the privileges and immunities of citizenship included suffrage. It was the only question decided by the Missouri State Supreme Court, and it was the only question the USSC had any intention of determining.

2) Here is the holding of the Court in MvH in its entirety. There is nothing regarding Minor's citizenship in it:

Being unanimously of the opinion that the Constitution of the United States does not confer the right of suffrage upon any one, and that the constitutions and laws of the several States which commit that important trust to men alone are not necessarily void, we AFFIRM THE JUDGMENT.

3) Minor's citizenship was conceded by the defense all the way back in the original pleadings filed in the St. Louis County courthouse. From the original statement and brief:

It is admitted, by the pleadings, that the plaintiff is a nativeborn, free white citizen of the United States, and of the State of Missouri

Minor's citizenship was never challenged, never debated, never denied, never questioned, never argued. And courts are not generally in the habit of answering questions they are not asked (well, OK, activist courts are often accused of doing so, but by all account's Waite's was no activist court).

4) Only a US citizen would have standing to bring a case on citizen rights. Had Minor's citizenship at any point been in doubt she would have been denied standing, told to first go prove her citizenship, then come back and refile MvH. The very fact that the case made it all the way to the SCOTUS is compelling evidence that Minor's citizenship was never an issue.

There is just no evidence anywhere to suggest that Minor had to assert her citizenship in Minor, nor did she.

183 posted on 06/27/2011 7:06:38 PM PDT by Nathanael1
[ Post Reply | Private Reply | To 157 | View Replies ]


To: Nathanael1
There is just no other way to say it than that Donofrio is flat-out wrong, and thus is every birther that has cut-n-pasted him on this point.

I've come to the same conclusion.

185 posted on 06/27/2011 7:21:00 PM PDT by Jeff Winston
[ Post Reply | Private Reply | To 183 | View Replies ]

To: Nathanael1
...Donofrio is flat-out wrong...

So what are your qualifications to unequivocally state this? Who are you? You're posting under an anonymous name on FR! Why should anybody value your opinion over that of a man who is known to be a lawyer?

187 posted on 06/28/2011 2:35:05 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 183 | View Replies ]

To: Nathanael1; Red Steel

“Greetings, all. I’m a bit new here — sent over by Dr. Conspiracy.”

Did the known liar and fraud Dr. Conspire send you to Free Republic?


210 posted on 06/28/2011 12:42:23 PM PDT by bushpilot1
[ Post Reply | Private Reply | To 183 | 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