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To: jamese777
The Founding Fathers established a process to amend and change their thinking in the Constitution. The 14th Amendment altered their thinking on citizenship by establishing only two categories of American citizens: born citizens and naturalized citizens.

You're forgetting that the SCOTUS recognized natural born citizenship as separate from the two categories of citizenship established under the 14th amendment. NBC is extraconstitutional.

Justice Waite: "The fourteenth amendment did not affect the citizenship of women any more than it did of men. In this particular, therefore, the rights of Mrs. Minor do not depend upon the amendment. She has always been a citizen from her birth, and entitled to all the privileges and immunities of citizenship. The amendment prohibited the State, of which she is a citizen, from abridging any of her privileges and immunities as a citizen of the United States; but it did not confer citizenship on her. That she had before its adoption."

Justice Gray says NBC is OUTSIDE of the Constitution: "In Minor v. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the Fourteenth Amendment now in question, said: "The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.""

Justice Gray affirms Waite's opinion that Virginia Minor's citizenship was due to jus soli and jus sanguinis, not the 14th amendment, and is, as such, a separate type of citizenship: "Minor v. Happersett (1874), 21 Wall. 162, 166-168. The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States, ..."

582 posted on 11/14/2010 12:41:49 AM PST by edge919
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To: edge919

Ha! Your post reminded me of something. No matter what there are more than the two forms of citizenship the Boxists claim as a hard fact. (Yet such a claim is a false and total artifice.) There is the citizenship of a man and the citizenship of a woman.

Clearly citizenship is categorized, and not all categories have the same rights. There is citizenship of a minor and citizenship of an adult. The Boxists seek to win arguments by artificial limiting constructs, just as they seek to ignore Vattel, and related precedents the Founders well knew.


587 posted on 11/14/2010 6:21:12 AM PST by bvw
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To: edge919

You’re forgetting that the SCOTUS recognized natural born citizenship as separate from the two categories of citizenship established under the 14th amendment. NBC is extraconstitutional.

Justice Waite: “The fourteenth amendment did not affect the citizenship of women any more than it did of men. In this particular, therefore, the rights of Mrs. Minor do not depend upon the amendment. She has always been a citizen from her birth, and entitled to all the privileges and immunities of citizenship. The amendment prohibited the State, of which she is a citizen, from abridging any of her privileges and immunities as a citizen of the United States; but it did not confer citizenship on her. That she had before its adoption.”

Justice Gray says NBC is OUTSIDE of the Constitution: “In Minor v. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the Fourteenth Amendment now in question, said: “The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.””

Justice Gray affirms Waite’s opinion that Virginia Minor’s citizenship was due to jus soli and jus sanguinis, not the 14th amendment, and is, as such, a separate type of citizenship: “Minor v. Happersett (1874), 21 Wall. 162, 166-168. The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States, ...”


A lawsuit challenging women’s suffrage under the 14th Amendment is obviously irrelevant to presidential eligibility. “Minor v Happersett” has not been deemed to be “stare decisis” in any of the 85 Obama eligibility lawsuits or appeals that have already been adjudicated.

“Citizen of the United States at Birth” from The US Code Title 8, Chapter 12, Subchapter III, Part I, Section 1401:
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;

No Court has ever ruled that there is a distinction between a “Citizen of the United States at birth” and a “Natural Born Citizen.”


601 posted on 11/14/2010 11:27:43 AM PST by jamese777
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