[RummyChick]

oh, and let’s not forget the much vaunted here Ark case:
Justice Morrow
“But the supreme court has never squarely determined, either prior to or subsequent to the adoption of the fourteenth amendment in 1868, the political status of children born here of foreign parents. In the case of Minor v. Happersett, 21 Wall. 168, the court expressly declined to pass upon that question.”

Also indicating the passage was DICTUM.

[Seizethecarp]

oh, and let’s not forget the much vaunted here Ark case:
“Justice Morrow
‘But the supreme court has never squarely determined, either prior to or subsequent to the adoption of the fourteenth amendment in 1868, the political status of children born here of foreign parents. In the case of Minor v. Happersett, 21 Wall. 168, the court expressly declined to pass upon that question.’

“Also indicating the passage was DICTUM.”

The DICTUM in the quoted Minor court language concerned only the question of citizenship of the children born to aliens and foreigner...which was explicitly NOT reached.

IMO the NBC language in Minor was NOT DICTUM but was a “HOLDING” declaring that born in the country of parents who were citizens are NBC. Only a subsequent SCOTUS ruling will affirm or deny application to the facts regarding Obama (whatever the heck they are!).