Rogers, you just contradicted yourself. You said the judge rejected the idea that Minor attempted to define NBC, but then you quoted the judge saying “he Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born.” I’m not sure what country you live in, but here in the United States, that’s an attempt to define it. The judge only takes issue with whether it was an exclusive definition, which is actually proven by reading the whole Minor decision and not Ankeny’s misinterpretation. Couple that with the judge’s failure to provide any legal evidence to support the assumption that Obama was born in Hawaii, then there’s nothing that supports keeping Obama on the ballot.he Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born.
What the judge wrote was:
“In deciding whether a woman was eligible to vote, the Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born, and this Court agrees. The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.”
To repeat for you, since you have missed it repeatedly for years:
“The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.”
That means the Minor court accepted that X was part of NBC, but left open if Y was - which means they did not attempt a definition.
“The judge only takes issue with whether it was an exclusive definition, which is actually proven by reading the whole Minor decision and not Ankeny’s misinterpretation.”
What Minor wrote was:
“As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.”
That leaves no doubt in any sane person’s mind that Minor did NOT attempt a full and conclusive definition.
“The assistant vice-chancellor in New York ignored Supreme Court precedent from Inglis v. Sailor’s Snug Harbour that disproved his belief. There’s a reason why this case is NOT quoted as precedence.”
Actually, it was cited with approval by the Supreme Court in WKA. Nor did Snug Harbor deal with the issue of a person born in the US with alien parents. It dealt with the American ante nati - those born in disputed territories during the war. That is why a rational person doesn’t apply Snug Harbor to the Obama situation. It simply does not match, as it did not match the situation of Lynch in the 1840s.
“If John Inglis, according to the first supposition under this point, was born before 4 July, 1776, he is an alien unless his remaining in New York during the war changed his character and made him an American citizen. It is universally admitted both in the English courts and in those of our own country that all persons born within the colonies of North America whilst subject to the Crown of Great Britain were natural born British subjects, and it must necessarily follow that that character was changed by the separation of the colonies from the parent state and the acknowledgement of their independence.
The rule as to the point of time at which the American ante nati ceased to be British subjects differs in this country and in England as established by the courts of justice in the respective countries.”
http://supreme.justia.com/cases/federal/us/28/99/case.html
This phrase from Snug Harbor shows the ‘natural born’ wording used at the time was not linked to Vattel or ‘natural law’: “It is universally admitted both in the English courts and in those of our own country that all persons born within the colonies of North America whilst subject to the Crown of Great Britain were natural born British subjects...”
Birth created NBS, not parentage. And ‘natural born’ referred to the well known legal phrase used for hundreds of years in english law, not to a book by Vattel.
I hoped Georgia would rule Obama ineligible. However, it seems the birther argument is so weak that it doesn’t even hold up when the other side doesn’t bother to go to court.