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To: philman_36

https://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen/

United States v. Wong Kim Ark, 169 U.S. 649 (1898)
In this case, Wong Kim Ark, the son of 2 resident Chinese aliens, claimed U.S. Citizenship and was vindicated by the court on the basis of the 14th Amendment. In this case the 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.

https://www.law.cornell.edu/wex/natural_born_citizen#:~:text=The%20phrase%20%22natural%2Dborn%20citizen,be%20a%20natural%2Dborn%20citizen.&text=649%2C%20anyone%20born%20on%20U.S.,citizen%2C%20regardless%20of%20parental%20citizenship.

Under the 14th Amendment’s Naturalization Clause and the Supreme Court case of United States v. Wong Kim Ark, 169 US. 649, anyone born on U.S. soil and subject to its jurisdiction is a natural born citizen, regardless of parental citizenship. This type of citizenship is referred to as birthright citizenship.

https://supreme.justia.com/cases/federal/us/169/649/

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

No. 18
Argued March 5, 8, 1897
Decided March 28, 1898
169 U.S. 649

Syllabus:

A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution:

“All person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

She’s a citizen at birth, she can be president.

rwood


140 posted on 08/13/2020 1:38:54 PM PDT by Redwood71
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To: Redwood71
She’s a citizen at birth...
Yes, she is a citizen at birth, but that is only through USC 8.
Or are you too ignorant to realize that?
Immigration and Nationality Act
The INA is contained in the United States Code (U.S.C.). The U.S. Code is a collection of all the laws of the United States. Title 8 of the U.S. Code covers "Aliens and Nationality."

Do you concede that her parents were ALIENS, as defined by law, at the time of her birth and that her parents weren't even U.S. citizens??

...she can be president.
No, she cannot be President of the United States.

She can be president of the Chess Club.

141 posted on 08/13/2020 1:53:15 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Redwood71
It's a shame you didn't put as much effort into Minor v. Happersett as you did United States v. Wong Kim Ark.

Your 14th Amendment arguments are futile, unless you believe she was a slave in the past needing citizenship status with all inherent rights.

Is that what you believe?

142 posted on 08/13/2020 1:57:59 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Redwood71
Regarding Minor vs. Happersett...

...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.
You make the case in your own reply...

TWO citizen parents. Plural, not singular.
Her parents weren't citizens at the time of her birth thus she falls under USC 8 laws (uniform rule) of naturalization.

Article I, Section 8, Clause 4: The Congress shall have Power . . . To establish an uniform Rule of Naturalization...

A natural born citizen doesn't require such a law (rule) to become a citizen.

144 posted on 08/13/2020 2:06:48 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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