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To: Uncle Chip

No — that was after the WKA decision in 1898 and no court can amend the Constitution. Until 1898 children of naturalizing immigrant parents were, like their parents, counted by the Federal Government as aliens or foreigners — not citizens.

Immigrants and children of immigrants were aliens on American soil until the father’s naturalization. Then even those who had been born during the five year residency became citizens — not through birth or at birth but through and at the naturalization of the father.

Thus children born on American soil of immigrant parents during their residency period became citizens not by birth but by naturalization — the naturalization of their father.


United States v Wong Kim Ark: In a 6-2 decision, the Court held that under the Fourteenth Amendment, a child born in the United States of parents of foreign descent who, at the time of the child’s birth are subjects of a foreign power but who have a permanent domicile and residence in the United States and are carrying on business in the United States, and are not employed in any diplomatic or official capacity under a foreign power, and are not members of foreign forces in hostile occupation of United States territory, becomes a citizen of the United States AT THE TIME OF BIRTH!!!

Here is the reference for the Supreme Court’s syllabus in US v Wong Kim Ark so that people can read the decision for themselves.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZS.html

ONE MORE TIME: The Supreme Court ruled that WONG KIM ARK was BORN a citizen of the United States, he was NOT naturalized as a citizen and his parents NEVER became naturalized citizens, EVER. They remained Chinese citizens until their deaths.


178 posted on 03/09/2010 2:56:25 PM PST by jamese777
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To: jamese777

From 1868 until that 1898 WKA, THAT WAS NOT SO.


179 posted on 03/09/2010 3:01:24 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: jamese777

You need to pay closer attention to the details in the WKA conclusion:

“... subjects of a foreign power but who have a permanent domicile and residence in the United States and are carrying on business in the United States, and are not employed in any diplomatic or official capacity under a foreign power, and are not members of foreign forces in hostile occupation of United States territory,...”

The parents were determined to be subject to the United States because they were permanent immigrants. Obama’s papa, is not. Obama’s mama married two foreign nationals and ended up leaving the country. From whom does Obama derive natural allegiance to the United States?? Yes, the 14th amendment might make him a 14th amendment native born citizen, a la WKA — if it can be shown he was actually born IN the United States — but it does NOT make him a natural born citizen, which Ankeny admitted WKA did not make the plaintiff an NBC.


180 posted on 03/09/2010 3:27:04 PM PST by edge919
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