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

To: RummyChick
For those that keep misquoting Minor..here it is again:

For the purposes of this case it is not necessary to solve these doubts.

It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens"


Note the second sentence. The doubt was about whether someone who was born to aliens and foreigners within a jurisdiction was not, in fact, also an alien and foreigner, as had been taken for granted up until the point that "some authorities" had started to voice doubt.

Minor says that the court, for the purposes of the case, doesn't need to decide whether a child of a foreigner or alien born in a jurisdiction may be something other than a foreigner or alien, given that Minor was indisputably an America citizen because she was born in America to parents, both of whom were American citizens: "all children born of citizen parents within the jurisdiction are themselves citizens."
523 posted on 01/21/2012 6:54:46 AM PST by aruanan
[ Post Reply | Private Reply | To 516 | View Replies ]


To: aruanan

You might want to read this...and the comments..

http://jonathanturley.org/2011/10/23/holdings-dicta-and-stare-decisis/

It’s dicta.

Clearly seen by this paragraph:

““The question is presented in this case, whether, since the adoption of the fourteenth amendment, a woman, who is a citizen of the United States and of the State of Missouri, is a voter in that State, notwithstanding the provision of the constitution and laws of the State, which confine the right of suffrage to men alone. We might, perhaps, decide the case upon other grounds, but this question is fairly made. From the opinion we find that it was the only one decided in the court below, and it is the only one which has been argued here.” Justice Waite”


537 posted on 01/21/2012 7:39:29 AM PST by RummyChick (It's a Satan Sandwich with Satan Fries on the side - perfect for Obama 666)
[ Post Reply | Private Reply | To 523 | 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