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To: DiogenesLamp
This will explain it to you:

“Two Supreme Court precedents were set by the cases of Elk v. Wilkins[21] and United States v. Wong Kim Ark.[4] Elk v. Wilkins established that Native American tribes represented independent political powers with no allegiance to the United States, and that their peoples were under a special jurisdiction of the United States. Children born to these Native American tribes therefore did not automatically receive citizenship under the Fourteenth Amendment if they voluntarily left their tribe.[22] Indian tribes that paid taxes were exempt from this ruling; their peoples were already citizens by an earlier act of Congress, and all non-citizen Native Americans (called “Indians”) were subsequently made citizens by the Indian Citizenship Act of 1924.”

Once again - the history of Indian citizenship is complicated with a lot of case law. You need to take the time to do some research.

706 posted on 02/06/2012 4:05:57 AM PST by Harlan1196
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To: Harlan1196

What is the difference between “Indian” and “Native American”? And where did that quoted text in your post come from, sir scholar?


711 posted on 02/06/2012 6:27:34 AM PST by bvw
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To: Harlan1196
Once again - the history of Indian citizenship is complicated with a lot of case law. You need to take the time to do some research.

It only looks complicated to you because you do not understand it. The fact that Indian's children were not granted 14th amendment citizenship is proof that your Hard rule of "born on the soil" is missing something which you can't seem to comprehend.

It is amusing that you want to argue that historically, anyone born in this nation is a "citizen at birth" except for the following exceptions. Slaves. Indians. Diplomats.

The "rule" seems to have more exceptions than it does categories to whom it applies! :)

The funny thing is, none of this applies to the "Jus Sanguinus" method of determining citizenship. (by blood) All the categories of exception magically disappear, leaving exactly the groups of people who were historically granted citizenship and leaving out those groups who were not. It is elegantly simple when looked at in that manner.

While we're at it, how about I show you a New York State law that prevents citizenship from being acquired by the children of transient aliens?

Dear me! How could New York have passed such a law when being "born on the soil" is all that is required for citizenship? Someone should tell them that they were wrong when they passed that law back in 1845!

712 posted on 02/06/2012 6:50:45 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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