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To: Red Steel

LOL, you are a legend in your own mind.

Speaking of schooled, here’s a case that will blow your mind.
The Supreme Court not only said that Mr Mandoli, born in the US to Italian parents (not US citizens) was a native-born citizen, but that he was entitled to maintain his US citizenship even after moving to Italy as a child and living there, serving in Italian armed forces and maintaining Italian citizenship.

And they cite laws very much in the US control that allow that to happen.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=344&invol=133

MANDOLI v. ACHESON, 344 U.S. 133 (1952)
344 U.S. 133

MANDOLI v. ACHESON, SECRETARY OF STATE.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT. No. 15.
Argued October 17, 1952.
Decided November 24, 1952.
1. Under the Expatriation Act of 1907, a United States citizen by birth who by foreign law derives from his parents citizenship of a foreign nation held not to have lost his United States citizenship by foreign residence long continued after attaining his majority. Pp. 135-139.

(a) In such case the native-born citizen, by continuing to reside in the foreign country after attaining his majority, cannot be deemed to have elected between his dual citizenships in favor of that of the foreign country; and, when he attained his majority, he was under no statutory duty to make an election and to return to this country for permanent residence if he elected United States citizenship. Pp. 135-139.

(b) Perkins v. Elg, 307 U.S. 325 , is not to the contrary. Pp. 138-139.

(c) The dignity of citizenship which the United States Constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except pursuant to a clear statutory mandate. P. 139.

2. One of the grounds of decision relied on by the District Court, based on the citizen’s having served in the army of the foreign country and taken an oath of allegiance to that country, was abandoned by the Government, the Attorney General having ruled that such service and oath had been taken under legal compulsion amounting to duress. P. 135.

90 U.S. App. D.C. 1121, 193 F.2d 920, reversed.


1,278 posted on 11/20/2010 9:02:20 AM PST by WOSG (Carpe Diem)
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To: WOSG
The MANDOLI v. ACHESON case has been discussed a few times before on FR. By 1952, being native born did not always mean natural born in the lexicon of the court system because obviously being born in the United States to foreign parents did not make the child a natural born citizen.

The interpretation of the 14th Amendment because of Wong Ark brought about the change in meaning that all native born citizens may not be natural born citizens, however, all natural born citizens are native born.

Well WOSG it comes at no surprise that "you forgot" to mention this little tidbit in the facts of the case:

"Petitioner Mandoli was born in this country, of unnaturalized Italian parents. These circumstances made him a citizen of the United States by virtue of our Constitution and a national of Italy by virtue of Italian law. "

Here is the reason why the Supreme Court did not consider Mandoli a Natural Born Citizen and is a 14th Amendment citizen...but we already knew about this.

See Kawakita v. United States, 1952 the same year this case was heard.

LOL, you are a legend in your own mind.

That would be you having your delusional Id let you post claims easily refuted that your conscious brain can't see.

1,282 posted on 11/20/2010 10:54:45 AM PST by Red Steel
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