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To: Mr Rogers
That decision is quoted at length in Ankeny.

Not to the length that you've quoted the dicta and everything they quoted is completley undermined when they admit there is NO LEGAL PRECEDENT. Wrap your head around that. The case they cited did NOT declare Wong Kim Ark to be a natural-born citizen. The ONLY legal precedent is from Minor. Ankeny argues that Minor didn't consider children born to noncitizen parents, but this is an outright lie.

36 posted on 05/17/2012 1:40:26 PM PDT by edge919
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To: edge919

You don’t know what a legal precedence is.

“dictum

n. Latin for “remark,” a comment by a judge in a decision or ruling which is not required to reach the decision, but may state a related legal principle as the judge understands it. While it may be cited in legal argument, it does not have the full force of a precedent (previous court decisions or interpretations) since the comment was not part of the legal basis for judgment.”

The argument made in WKA is central to the decision, and thus is not just ‘dicta’ - unlike the passing comment made in Minor, which birthers like to quote. It is a matter on which they heard testimony from both sides, and was critical in reaching their conclusion. That makes it part of the decision.


37 posted on 05/17/2012 1:56:31 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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