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To: Ha Ha Thats Very Logical
When it is said that, by the common law, a person born of alien parents, and in the allegiance of the United States, is born a citizen thereof

The child does not have allegiance to Hawaii and neither did his father. They were both British subjects. Their allegiance was to Britain. His father completed his temporary studies and returned to his country and worked for the government there.

It matters not, all other arguments are moot, by way of collateral estoppel, the Supreme Court in Minor v Happersett determined who was a Natural Born Citizen and affirmed it in Wong Kim Ark. If Won Kim Ark was a NBC as you claim, the Supreme Court would never have had to use the 14th amendment to determine he was a citizen. They did not use the 14th amendment to determine Virginia Minor was a citizen as she was a Natural Born Citizen.

The thing people are refusing to see is that the law is not an ass (I can't say that for all judges or lawyers) and it would be absurd to say a child born in the US to two illegal alien parents (or a foundling of unknown parentage) was a Natural Born Citizen and eligible to be President of the US. Native born yes, born a citizen yes, Natural Born no.

148 posted on 10/25/2011 3:10:18 PM PDT by rolling_stone
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To: rolling_stone
The child does not have allegiance to Hawaii and neither did his father.

Sez who? I bet Hawaii thought the child had allegiance to it. If you bothered to read, and were able to understand, the very book you linked to--or even the bits I've posted here--you'd know that "allegiance" doesn't refer to some kind of generalized loyalty. Did the child have the rights of an American citizen or a British citizen? If the father had committed a crime, would he have been tried under American law or British law?

If Won Kim Ark was a NBC as you claim, the Supreme Court would never have had to use the 14th amendment to determine he was a citizen. They did not use the 14th amendment to determine Virginia Minor was a citizen as she was a Natural Born Citizen.

That's circular. Obviously Wong Kim Ark was not born of two citizen parents, so they couldn't use that standard. That they used another standard does not prove that he wasn't an NBC.

In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.

Nobody said it did. That excerpt applies to a child born abroad to U.S. citizen parents. If we get one of those running for president, we should probably have the discussion about whether they're eligible for the presidency. Oh wait, we did and we (sorta) did.

150 posted on 10/25/2011 3:54:09 PM PDT by Ha Ha Thats Very Logical
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