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To: PA-RIVER
Have you ever actually READ Minor v. Happersat? I think not, because it is a case regarding the voting rights of women.

The issue of Ted Cruz's citizenship has nothing whatever to do with the voting rights of women and how they might or might not have been affected by the 14th Amendment.

It is true that courts often graze over a larger pasture than the section where they were originally tethered. that is what is called dicta. And even in the Dicta on Minor v. Happersat will you find anything like what you reference.

That's why I doubt you have ever read the opinion.

But, for your edification, this is indeed found in Minor v. Happersat:

"Under the power to adopt a uniform system of naturalization Congress, as early as 1790, provided... ...that the children of citizens of the United States that might be born beyond the sea, or out of the limits of the United States, should be considered as natural-born citizens. These provisions thus enacted have, in substance, been retained in all the naturalization laws adopted since. In 1855, however, the last provision was somewhat extended, and all persons theretofore born or thereafter to be born out of the limits of the jurisdiction of the United States, whose fathers were, or should be at the time of their birth, citizens of the United States, were declared to be citizens also."

Given that the limitation to offspring of males only has since been lifted, Minor v. Happersat actually holds precisely the opposite opinion that you appear to believe.

57 posted on 01/11/2016 5:41:18 PM PST by John Valentine (Deep in the Heart of Texas)
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To: John Valentine

I’m sorry, I cited wrong case seee this, from earlier thread today:

The basic principle is stated in United States v. Wong Kim Ark, 169 U.S. 649, 702-3 (1898):
The Fourteenth Amendment of the Constitution . . . contemplates two sources of citizenship, and two only: birth and naturalization. . . . Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.


72 posted on 01/11/2016 5:58:20 PM PST by PA-RIVER
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