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To: Springfield Reformer
Bottom line, this is in fact a very complicated question, and it is best answered by those whom we have granted the authority to say what the law is, our judiciary, and they have not yet spoken with finality on the exact facts of this case.

Nor have they truly studied it. Most of our Legal experts swing from one precedent to another without regards to the underlining principles upon which the previous precedent stood.

I have little doubt that the current widespread belief that being born behind our borders automatically makes you a citizen is the result of a misinterpretation of the Wong Kim Ark Decision and the 14th amendment. People have somehow conflated the term "citizen" described therein, to mean exactly the same thing as "natural born citizen."

This is demonstrably not the case as illustrated by Justice Waite in the Minor v Happersett decision in which a detailed examination of the 14th amendment has him offering these words.

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.

The 14th amendment says precisely "in words" who shall be a "citizen", but Chief Justice Waite explicitly states that it "DOES NOT SAY" who shall be a "natural born citizen." Ergo, one is not the same as the other.

1,115 posted on 03/11/2013 1:40:03 PM PDT by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp
The 14th amendment says precisely "in words" who shall be a "citizen", but Chief Justice Waite explicitly states that it "DOES NOT SAY" who shall be a "natural born citizen." Ergo, one is not the same as the other.

I think if you want to avoid contradicting Chief Justice Waite, you need to revise your conclusion to read: "Ergo, one is not necessarily the same as the other."

Chief Justice Waite was very clear in stating that it was, as of 1875, unresolved as to whether the citizenship of parents was relevant to a child's status as a "natural born citizen" if the child was born in the United States. Moreover, Chief Justice Waite also made it clear that he had no intention to "solve" that issue in the case (Minor v. Happersett that he was deciding.

So, while you may think it somehow clear that a child's parent's citizenship is relevant (read "determinative") to the child's status as a "natural born citizen" as that term is used in the Constitution, Chief Justice Waite did not think that proposition was clear at all. He thought it was unresolved as of 1875 and he did not attempt to "solve" it.

What is clear is that your reliance upon Chief Justice Waite is misplaced. His opinion provides your argument with no support whatsoever.

Surely, you know that by now. If not, read his opinion.

1,156 posted on 03/11/2013 4:18:58 PM PDT by Tau Food (Never give a sword to a man who can't dance.)
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