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To: tired_old_conservative

The problem with the Indiana case is that it reference Wong KIm Ark case but admitted it DID NOT state that Ark was a Natural born citizen. Actually the Wong KIm Ark stated that due to the fact that Ark’s parents had immigrated (legally) and had set up residence that the child was entitled to Native born (naturalized ) citizenship equal to that of a Natural Born citizen ( both parents). The judge in this Indiana case choose to over rule a Supreme Court case by redefining the meanings of Natural born and Native born. State courts can not over rule Federal Courts.


14 posted on 04/11/2010 2:01:12 PM PDT by omegadawn
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To: omegadawn
“The problem with the Indiana case is that it reference Wong KIm Ark case but admitted it DID NOT state that Ark was a Natural born citizen. Actually the Wong KIm Ark stated that due to the fact that Ark’s parents had immigrated (legally) and had set up residence that the child was entitled to Native born (naturalized ) citizenship equal to that of a Natural Born citizen ( both parents). The judge in this Indiana case choose to over rule a Supreme Court case by redefining the meanings of Natural born and Native born. State courts can not over rule Federal Courts.”

Actually, it did not overrule a Federal Court. While it is true that Wong Kim Ark did not make a ruling as to what a natural born citizen is, since it was not asked that, the dicta do include a very detailed basis as to why “born here” is sufficient. The Indiana court simply quoted that dicta and made what to it seemed a self-evident conclusion.

It is always possible that the decision could be overruled, but I think the chances of that are pretty close to zero. I know people don't want to believe that, but there's a reason the Supreme Court has passed on the chance to review any of these cases so far.

15 posted on 04/11/2010 2:32:15 PM PDT by tired_old_conservative
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