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To: nolu chan
Now, we have a Declaration of Independence which states that all men have certain rights by the nature they are men.

That is the morality of which I am speaking, the morality that no legal decision can alter or change.

One cannot take away any individual rights to life, liberty and pursuit of happiness by a legal decree.

What you are selling is legal positivism, and it is nothing but tyranny under legalistic guise.

1,538 posted on 01/25/2005 4:21:40 AM PST by fortheDeclaration
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To: fortheDeclaration
[ftD] One cannot take away any individual rights to life, liberty and pursuit of happiness by a legal decree.

How quickly you forget the FUGITIVE SLAVE CLAUSE of the U.S. CONSTITUTION.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Acceptance of your happy hooey would suppose that slavery never existed. It did. It was bad, wrong, immoral and whatever else you may choose to call it, except for illegal. It was Constitutional.

As for your continuing legal blindness, you ignore that non-Whites could not be naturalized into U.S. citizenship before a post-war amendment, and Chinese were barred until 1943. It isn't pretty, but it is the ugly facts of life.

The Act of March 26, 1790 prohibited naturalization of non-Whites. Chinese were denied naturalization until December 17, 1943. "Separate but [un]equal," i.e., segregation, was not overruled until Brown v. Board of Education.

Chief Justice Taney opined that Blacks were not citizens at the time of the ratification of the Constitution and Federal law made it impossible for Blacks to be naturalized.

http://uscis.gov/graphics/aboutus/history/1790Act.htm

Act of March 26, 1790 (1 Stat 103-104) (Excerpts)

That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the Constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: . . .

http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-54067/slb-54949?f=templates&fn=document-frame.htm#slb-interp311-46-1

Burmese, Filipinos, Japanese, Koreans, Malayans, polynesians, Samoans, and Siamese were held to be racially ineligible,

Afghans, Arabs, Armenians, Egyptians, Kalmuks of Southeast European Russia, Persians, Syrians, Tartars of East Russia, and Turks were deemed qualified in the racial sense.

http://uscis.gov/graphics/shared/aboutus/statistics/LegisHist/450.htm

Chinese Exclusion Act of May 6, 1882 (22 Statutes-at-Large 58)

Barred Chinese from naturalization.

On December 17, 1943, the Chinese exclusion laws were repealed.

1,544 posted on 01/25/2005 4:36:48 AM PST by nolu chan
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