Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: woodpusher
Without spending too much time, consider this from the opinion you cited and see if you can discern why it doesn't support your argument:

...there is no question that Senator Cruz has been a citizen from birth and is thus a “natural born Citizen” within the meaning of the Constitution. Indeed, because his father had also been resident in the United States, Senator Cruz would have been a “natural born Citizen” (I added some helpful bold print.)

Notice how this lower state court also jumped from mere citizenship to NBC with no effort at all?

As for the Congressional Research Service opinion you cited, it relies almost entirely on Wong Kim Ark. - ...the “two-citizen-parent” argument with respect to native born U.S. citizens has not garnered serious legal consideration after Wong Kim Ark in 1898.

The problem here is that WKA was not about NBC nor did the court decide NBC.

The CRS article also discusses the Chester Alan Arthur presidency but boldly recognizes Arthur was born to a father who was not a U.S. citizen The author of that article also misses the boat.

But then a lot of folks have known liberal attorneys, military officers and judges who are/were in the bag for extending NBC to anyone with the merest of citizenship. That hasn't worked very well for us in the immediate past.

185 posted on 01/22/2024 6:08:39 PM PST by frog in a pot (In reality it was a successful Dem coup obtained via a stolen election accepted on Jan6 by Congress.)
[ Post Reply | Private Reply | To 182 | View Replies ]


To: frog in a pot
Notice how this lower state court also jumped from mere citizenship to NBC with no effort at all?

As for the Congressional Research Service opinion you cited, it relies almost entirely on Wong Kim Ark. - ...the “two-citizen-parent” argument with respect to native born U.S. citizens has not garnered serious legal consideration after Wong Kim Ark in 1898.

It is effortless. Wong Kim Ark has been the prevailing U.S. Supreme Court binding precedent since 1898. 14A prevails against any prior brainfart you may mention or invent.

Wong Kim Ark at 169 U.S. 662-63:

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said: "All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . . We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution."

The CRS presents the law, not birther brainfarts.

The CRS article also discusses the Chester Alan Arthur presidency but boldly recognizes Arthur was born to a father who was not a U.S. citizen.

Chester Arthur served two of the FIFTEEN terms served as President or Vice-President without two U.S. citizen parents. Reality 15, birthers zero.

https://law.justia.com/cases/federal/appellate-courts/F3/179/1017/546639/

Mustata v. U.S. Department of Justice

US Court of Appeals for the Sixth Circuit - 179 F.3d 1017 (6th Cir. 1999) Argued Sept. 21, 1998. Decided and Filed June 17, 1999

Petitioners Marian and Lenuta Mustata are citizens of Romania. At the time of their petition, they resided in Michigan with their two minor children, who are natural born citizens of the United States. They legally entered the United States in late 1991 and, shortly thereafter, applied to the Immigration and Naturalization Service ("INS") for asylum.

The CRS Report noted, "See also United States v. Carlos Jesus Marguet-Pillado, 648 F.3d 1001, 1006 (9th Cir. 2011), agreeing with the underlying legal accuracy of proposed jury instruction defining “natural born citizen” as including one born in the United States, without reference to the citizenship of one’s parents.

187 posted on 01/22/2024 8:28:06 PM PST by woodpusher
[ Post Reply | Private Reply | To 185 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson