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To: SatinDoll
“If you read Wong Kim Ark closely, it acknowledges that the children of aliens were considered natural born subjects...”

No.

Sorry, but it does. Note that I didn't use this to say that it equates with natural born citizenship, but explained why it doesn't.

And as pointed out above, please do not come back with the same old lame references to Blackstone & English common law, ...

I didn't cite Blackstone. The reference to English common law is discussed because it is used by the Supreme Court. But again, you're making an argument that, in general, supports mine.


250 posted on 04/22/2010 6:53:32 AM PDT by edge919
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To: edge919

You are definitely mistaken about Wong Kim Ark but after looking at the wording Justice Gray used I can understand the confusion - he uses native born and natural born together.

The reason why is this: all people born in the U.S. are native born, but only those whose parents are U.S. citizens can be considered Natural Born Citizens AND native born. What makes it even more confusing is that NBC is not a form of citizenship, merely a circumstance of birth.

Pleae note the capitalized quote in the following:

United States v. Wong Kim Ark, 169 U.S. 649 (1898):

Wong Kim Ark was the son of two resident Chinese aliens who claimed U.S. Citizenship. He was vindicated by the Supreme Court on the basis of the 14th Amendment. In this case Justice Gray gave the opinion of the court. On p. 168-9 of the record, He cites approvingly the decision in Minor vs. Happersett:

“At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, BORN IN A COUNTRY OF PARENTS WHO WERE ITS CITIZENS, BECAME THEMSELVES, UPON THEIR BIRTH CITIZENS ALSO. THESE WERE NATIVES, OR NATURAL-BORN CITIZENS, as distinguished from aliens or foreigners.

On the basis of the 14th Amendment the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A. under the jurisdiction of the United States. The Court thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.) but it DID NOT extend the meaning of the term “natural born citizen” to those whose parents were not citizens at the time of the child’s birth.

If you were correct in your interpretation than any anchor baby born here of illegal aliens can become President. That is definitely false!

In addition, Natural Born Citizenship is NOT a type of citizenship! It is but a circumstance of birth and the only place it appears in U.S. law is in the U.S.Constitution as a requirement for eligibility to serve as President.

I hope this helps in your understanding of the NBC issue.


343 posted on 04/22/2010 2:02:37 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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