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To: Danae

“A naturalized citizen is indeed made a citizen under an act of Congress, but the act does not proceed to give, to regulate, or to prescribe his capacities. He becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States precisely under the same circumstances under which a native might sue. He is distinguishable in nothing from a native citizen except so far as the Constitution makes the distinction. The law makes none.”

- MR. CHIEF JUSTICE MARSHALL

See Osborn v. Bank of the United States - 22 U.S. 738 (1824)


Congress does not have the Constitutional authority to legislate the definition or the recapturing of Natural-born citizenship status.

The last line of the quote, “The law makes none[,]” is a reference to the fact the Court does not recognize a difference between a native born and a naturalized citizen.

Natural-born citizenship status can only be defined by a Constitutional Amendment.


9 posted on 01/25/2012 9:59:29 AM PST by SvenMagnussen (PSALMS 37:28 For the LORD loves justice and does not abandon the faithful.)
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To: SvenMagnussen

More than one branch of the US Government is now on record disagreeing with you Sven... sorry charlie, that dog don’t hunt no mo’...


62 posted on 01/25/2012 6:04:02 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: SvenMagnussen

Apparently the Supreme Court can make any law they feel like, Common Sense, is not common at all, lawyers prove that on a regular basis.


78 posted on 01/25/2012 11:22:55 PM PST by itsahoot (You are no longer a person, you are now a Unit when you need health care.{)
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