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To: RummyChick; Danae; Spaulding; BuckeyeTexan
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!).

576 posted on 01/21/2012 8:51:48 AM PST by Seizethecarp
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To: Seizethecarp

NBC definition has nothing to do with the case.

What is Obiter Dictum? See Black’s Law Dictionary or cases discussing the definition.
http://blackslawdictionary.org/dictum/


586 posted on 01/21/2012 9:04:45 AM PST by RummyChick (It's a Satan Sandwich with Satan Fries on the side - perfect for Obama 666)
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To: Seizethecarp; RummyChick

You are correct. The Court held that Minor was a citizen before the 14th amendment precisely because she was born in the country to citizen parents. Their discussion of NBC was absolutely a basis for their holding. The Court did not decide anything about other types of citizens because it was not a question put before the Court.


588 posted on 01/21/2012 9:10:08 AM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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