Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Mr Rogers
The section you cited in Ankeny applied to McCain - they argued he was born outside of the US. For Obama, they argued his father made him ineligible. But then, reading isn’t your strong point.

What part of "NEITHER neither were “born naturally within any Article IV State of the 50 United States of America" do you NOT understand???

When a court leaves something open, that means they do not try to decide it.

A) Minor didn't leave anything open. The court reviewed all known parental/place combinations and how each could be used to become citizens. "Arkeny" lied, but even if we were to accept their flawed conclusion, then B) the same logic is true of WKA. It left open the same question, which the "Arkeny" court admitted in their footnote saying that Ark was never declared to be a natural-born citizen. The court has the responsibility to decide what the law says, NOT what they want it to say. The ONLY legal precedent they had was from Minor.

No, they were saying WKA was not a binding ruling forcing them to say Obama was a NBC.

No they weren't. They were trying to say the lack of a legal precedent didn't matter because in their demented logic, it would only be relevant to whomever ends up being president. This is absolute nonsense because it matters to anyone who wants to run for president and for everyone who is ruled under this Constitution.

And yes, the DICTA in WKA has been extremely influential in all citizenship cases decided since.

Except that the ONLY NBC definition WKA recognized is: all children born in the country to parents who were its citizens. It clearly said NBCs are NOT defined by the 14th amendment.

Everything else in Minor is ALSO dicta.

Wrong. Virginia Minor argued a right to vote on the basis of being a 14th amendment citizen. The SCOTUS unaninimously rejected this argument because they said NBCs are excluded from the citizenship clause of the 14th amendment. The Wong Kim Ark decision confirmed this part of the holding. It is stare decisis, not dicta. What OTHER point was there in considering Minor would be born of citizen parents?? The SCOTUS was willing to recognize that Minor's citizenship would make her eligible to run for president but that it would not give her the right to vote. Wong Kim Ark, by contrast, was not recognized with citizenship that would make him eligible to run for president.

139 posted on 02/16/2012 12:32:38 PM PST by edge919
[ Post Reply | Private Reply | To 135 | View Replies ]


To: edge919

“What part of “NEITHER neither were “born naturally within any Article IV State of the 50 United States of America” do you NOT understand??? “

I understand it fine. You do not. They objected to McCain because he was born in Panama, and Obama because his father was a Kenyan. They did not claim Obama was born outside the USA. As usual, you have no clue about the court case.

“Minor didn’t leave anything open.”

Hmmm...”For the purposes of this case it is not necessary to solve these doubts.” Of course, you misread the entire case, so you don’t understand that.

“Except that the ONLY NBC definition WKA recognized is: all children born in the country to parents who were its citizens. It clearly said NBCs are NOT defined by the 14th amendment.”

As always, you are wrong. But we’ve gone thru it before, and you still do not understand. There are not crayons big enough to draw the picture for you.

If anyone else is still reading this thread, and wants to know why edge is wrong, let me know.

“Wrong. Virginia Minor argued a right to vote on the basis of being a 14th amendment citizen. The SCOTUS unaninimously rejected this argument because they said NBCs are excluded from the citizenship clause of the 14th amendment.”

No, no, no. Minor ruled that being a citizen does NOT give you an automatic right to vote. They ruled, ““A provision in a State constitution which confines the right of voting to “male citizens of the United States,” is no violation of the Federal Constitution. In such a State women have no right to vote.”

What Minor wrote was:

“There is no doubt that women may be citizens. They are persons, and by the fourteenth amendment “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are expressly declared to be “citizens of the United States and of the State wherein they reside.” But, in our opinion, it did not need this amendment to give them that position.”

It does not distinguish between a NBC and a 14th Amendment citizen, but says that women were entirely capable of being citizens prior to the 14th, as well as after.

But you will never understand that, because you are not a sane person. You are delusional, and no one can cure you.


146 posted on 02/16/2012 1:49:31 PM PST by Mr Rogers ("they found themselves made strangers in their own country")
[ Post Reply | Private Reply | To 139 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson