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To: Harlan1196
You also fail to address the issue that some Indian children were natural born citizens before the 14th Amendment because their parents had legally recognized ways to become naturalized American citizens.

So you are saying that because their parents "naturalized" and became citizens, their offspring were therefore citizens? And Here I thought you couldn't learn anything. :)

In your example, it says that you have to live in New York to be a resident (citizen) of New York. Just like today. It says nothing about US citizenship though. So someone passing through New York when born is a US citizen but becomes a legal resident in the state where his parents eventually take him back to where they live. In your example, if that child of a transient alien was born in a neighboring state (thus becoming a US citizen) and then settled to live in New York, he would be a New York citizen according to section 5.2

What you may not know is that Law from New York which I cited, was created as a result of the legislature's disagreement with the New York State court in Lynch v Clarke which ruled that because New York had no law on the subject, they would use English Common law to decide that anyone born in New York was a citizen.

As a Result, the New York Legislature decided they needed a law defining it so that the courts wouldn't try to use that English Common law crap. In creating the law, they specifically excluded the Children of Transient Aliens. In those days, In order for one to be a Citizen of the United States, you also had to be a Citizen of a State. (DUH.)

The Congress could set requirements for someone to be NATURALIZED, but the States decided who would be born citizens within their own borders, and Native-born/Natural-born citizenship was derived from that. If New York didn't recognize the Children of Transient Aliens as a citizen of their State, they had no basis to claim American citizenship either.

Even if you were recognized as a citizen of a state, that did not necessarily mean you were considered an American Citizen. Here is an example from the October 10, 1811 edition of The Alexandria Herald newspaper. This article was written by James Madison regarding a "James McClure" who was BORN in Virginia, but not considered a Citizen of the United States.

If your understanding of "born on the soil" = "natural born citizen" then why would James McClure's citizenship be in doubt in 1811? (A time a lot closer to the Founding era, and during which they ought to know the truth one way or the other.)

715 posted on 02/06/2012 9:34:41 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp
Copied from Orly's site, not easy, some kind o a right click thing going on over there.

Coincidence… 1] hussein dunham meets secretly with supreme court 2] law clerk hired for judge carter shortly before Orly hearing 3] eric holder apparently seen entering judge land court house before hearing 4] Orly hawaiian hearing changed from before hussein’s arrival to after hussein leaves hawaii 5] Iranian valerie jarrett speaks in ATLANTA shortly before the iranian judge malihi hearing in Atlanta….hmmmm????

Yes, in Boston also:

US PUBLIC RECORDS INDEX:

Michael M Malihi

Birth Date: 6 Aug 1959

Address: 4 Longfellow Pl Apt 2411

Boston, MA, 02114-2821 (1988)

30 Irving St Apt 3

Cambridge, MA, 02138-3038 (1986)

Question from Orly

did Malihi cross paths with Obama in Boston MA and in CA? They are two Muslim men of the same age. Obama is 50, Malihi is 52. Did Malihi study law atBoston Univeristy the same time as Obama studied law at Harvard? BU and Harvard are 5-10 minutes drive from each other. Was it a set up? Did Malihi just give a present of a life time to somebody, that he knew?


717 posted on 02/06/2012 1:59:48 PM PST by GregNH (I will continue to do whatever it takes, my grandchildren are depending on me....)
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To: DiogenesLamp
Isn't the real question “why aren't those laws still in effect?”.

Any student of US history knows that the 1800’s were a time of intense struggle between the states and the federal government over where the lines between state and federal power were drawn. Your New York political code is a good example of the fight about where the power to create citizens lay. We know who won that fight, now don't we? The 14th Amendment mooted those laws - the states have not played a role in determining citizenship since.

Why do you think presenting the losing side of history helps you?

718 posted on 02/06/2012 2:39:19 PM PST by Harlan1196
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