“the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States”
This may narrow the decision to the facts of this individual case, but then it would leave open the question of children born here to non-domiciled alien parents.
Wong Kim Ark’s parents returned to live inChina, they never came back to the US.
“Permanent domicile” means not a tourist, a fly-over, a birth on a foreign boat in port or a member of a foreign invading military. If you have an address, a spouse and a child, that is considered as having a “permanent domicile.”
Ankeny v Daniels, Indiana A three judge panel of the Indiana Court of Appeals ruled unanimously: “Based on the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the United States are ‘natural born citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.”—Indiana Court of Appeals, November 12, 2009
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf
Swensson, Powell, Farrar and Welden v Obama, Administrative Law Judge Michael Mahili, State of Georgia Administrative Hearings.: For the purposes of this analysis, the Court considered that Barack Obama was born in the United States. Therefore, as discussed in Ankeny, he became a citizen at birth and is a natural born citizen. Accordingly, President Barack Obama is eligible as a candidate for the presidential primary under O.C.G.A. under Section 21-2-5(b). February 3, 2012
http://www.scribd.com/doc/80424508/Swensson-Powell-Farrar-Welden-vs-Obama-Judge-Michael-Malihi-s-Final-Order-Georgia-Ballot-Access-Challenge-2-3-12
Purpura & Moran v Obama: New Jersey Administrative Law Judge Jeff S. Masin: No court, federal, state or administrative, has accepted the challengers position that Mr. Obama is not a natural born Citizen due to the acknowledged fact that his father was born in Kenya and was a British citizen by virtue of the then applicable British Nationality Act. Nor has the fact that Obama had, or may have had, dual citizenship at the time of his birth and thereafter been held to deny him the status of natural born. It is unnecessary to reinvent the wheel here.
The petitioners legal position on this issue, however well intentioned, has no merit in law. Thus, accepting for the point of this issue that Mr. Obama was born in Hawaii, he is a natural born Citizen regardless of the status of his father. April 10, 2012
http://www.scribd.com/doc/88936737/2012-04-10-NJ-Purpura-Moran-v-Obama-Initial-Decision-of-ALJ-Masin-Apuzzo
Voeltz v Obama, Judge John C. Cooper, Leon County, Florida Circuit Court Judge: In addition, to the extent that the complaint alleges that President Obama is not a natural born citizen even though born in the United States, the Court is in agreement with other courts that have considered this issue, namely, that persons born within the borders of the United States are natural born citizens for Article II, Section 1 purpose, regardless of the citizenship of their parents.September 6, 2012
http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=77182640&jiscaseid=&defseq=&chargeseq=&dktid=57485906&dktsource=CRTV
Tisdale v Obama, US District Court Judge John A. Gibney, Jr.: “It is well settled that those born within the United States are natural born citizens.”— US District Court of the Eastern District of Virginia, January 23, 2012.
http://www.scribd.com/doc/82011399/Tisdale-v-Obama-EDVA-3-12-cv-00036-Doc-2-ORDER-23-Jan-2012
Allen v Obama, Arizona Superior Court Judge Richard E. Gordon: “Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. Contrary to Plaintiffs assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.”—Pima County Superior Court, Tuscon, Arizona, March 7, 2012
http://www.scribd.com/doc/84531299/AZ-2012-03-07-Allen-v-Obama-C20121317-ORDER-Dismissing-Complaint