Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

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
[ Post Reply | Private Reply | To 148 | View Replies ]


To: Ha Ha Thats Very Logical
I am quite familiar with allegiance, jurisdiction and the arguments over the 14th amendment. It says nothing about Natural Born Citizen either. By omission it is excluded. If you commit a crime in Mexico you will be tired in Mexico even though you have no allegiance to Mexico....

If NBC meant born in the USA of alien parents then they would not have needed the 14th amendment, your argument is circular.

While you are reading your oldies but goodies, find the part that says the bill of rights does not pertain to aliens....

....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.....

That excerpt applies to anyone.

151 posted on 10/25/2011 4:05:40 PM PDT by rolling_stone
[ Post Reply | Private Reply | To 150 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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