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To: TigersEye
Wong Kim Ark was only declared to be a citizen under the 14th Amendment [see the last paragraph of the decision].

There is good reason for this. Justice Gray [you can tell from his writing] desperately wanted to declare Ark NBC. To that end, he bastardized, exaggerated, and even lied about the meaning of some of the citations in the opinion [Calvin's Case, Dicey, Blackstone, etc.] So, why didn't he do it [declare Ark NBC]?

There is only one possible explanation - he WOULD NOT have gotten a majority on the Court if he had insisted that Ark was NBC. They were willing to go along with Ark being a citizen under the 14th Amendment [which, he clearly was] - but NOT NBC ...

In lawyer-speak, they call it "splitting the baby". Ark got half a loaf - but it was better than none ...

181 posted on 04/21/2010 11:49:24 PM PDT by Lmo56
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To: Lmo56

And in the process set a SCOTUS precedent that someone born to non-citizen parents is not “natural-born.”


190 posted on 04/22/2010 12:03:55 AM PDT by TigersEye (Duncan Hunter, Jim DeMint, Michelle Bachman, ...)
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