The excerpt is stating what the facts were for Minor. Even if the holding was that Minor was an NBC - WHICH WAS NOT THE ISSUE BEFORE THE COURT-therefore NOT THE HOLDING- it is not precedent because her parents were not aliens.
Good Lord, if you would actually bother to read everything to do with Ark you would start to understand that Chester Arthur’s situation might have been looming in the background.
They contorted positions to find Ark a citizen because if Ark was not a citizen -neither was Chester Arthur.
Also, there is a long discussion in the lower court case about DICTA. You should read it. You might start to get a clue about DICTA.
Now as for the lower court and the brief. Read Fuller’s dissent.
The appellant said the ruling was that Ark was a natural born citizen. DID YOU MISS THAT?
It also said this:
“Are Chinese children born in this country to share with the descendants of the patiots of the American Revolution the exalted qualification of being eligible to the Presidency of the nation, conferred by the Constitution in recognition of the importance and dignity of citizenship by birth? “
Why bring this up in an APPELLENT BRIEF????
Read Fuller’s dissent with that understanding. He is saying the case is allowing Ark to run for President and he disagrees with the ruling.
If Gray had an ulterior motive, I agree, but, as you say, Gray and the majority found WKA only to be a citizen.
Gray, despite the alleged ulterior motive, DID NOT say WKA was NBC, and if he had meant to say that he could have said it but didn't. Gray definitely might have intended to at least protect Chester Arthur from not even being found out to have not even been a citizen!
My job is done. You're arguing against yourself now, because you clearly denied these were the facts for Minor. Remember?? You challenged anyone to find a sentence from Minor saying these were the facts. It's okay to admit you were wrong, and because you were, the rest of your argument fails.
The stuff about Chester Arthur is nonsense. Arthur left office in 1881. Wong Kim Ark wasn't argued until 17 years later. The Supreme Court did not wait around that many years for the U.S. government to appeal a citizenship case so they could try to repair Arthur's legacy. He died 12 years before the case was heard. Who the hell would have cared ... Arthur's natural-born children??? And again, the Wong Kim Ark case does NOT help Arthur because upheld Minor's definition of natural-born citizen, which would have excluded Arthur.re arguing against yourself now, because you clearly denied these were the facts for Minor. Remember?? You challenged anyone to find a sentence from Minor saying these were the facts. It/i