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To: TexasCajun

From the DISSENT in Wong Kim Ark:

“Considering the circumstances surrounding the framing of the Constitution, I submit that it is unreasonable to conclude that “natural-born citizen” applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the Presidency, while children of our citizens, born abroad, were not.”


11 posted on 09/29/2011 8:53:52 AM PDT by Mr Rogers ("they found themselves made strangers in their own country")
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To: Mr Rogers

Interesting, out of context, does not advance your opinion, but the majority opinion of the USSC in WKA never declared that Wong was a NBC. That wasn’t an issue. The nature of the basic term “citizen” was.

Wong, not being an NBC, sued to be declared a citizen under the tenants of the 14th Amendment. The court agreed that he was a citizen as per the 14thth Amendment. They further stated that his citizenship, his rights and responsibilities, did not differ from those of a NBC, thereby avoiding establishing differing classes of citizenship with differing rights.....No second class citizens for the USSC.

The value of WKA was that it began answering Justice Gray’s rhetorical question, posed in the Minor v Happersett decision, of .....other than Natural Born Citizens, who we all agree are those born in country to citizen parents, what other circumstances result in citizenship? The court did not address that larger issue in Minor, because it went beyond the scope of the case which revolved around the rights of citizenship (women’s sufferage.) The plantiff in Minor was a NBC.

The question of who shall be citizens, is an elvolving issue, that is likely to change in the future. The Gold Standard of citizenship, a Natural Born Citizenship., is a term that is both defined and settled in US law and will not change or be redefined despite all YOUR “birther” efforts.

Question???? Throughtout the NBC crisis, Obama has not once claimed to be a Natural Born Citizen, not once. He always says, I was born here I am a citizen.......As a constitutional law professor he should know the Article II requirement for holding the Presidency is NBC, and so state. He does not because he is not.


151 posted on 09/29/2011 11:34:27 AM PDT by Forty-Niner (Ursus Arctos Horribilis......got my GRRRRR on!)
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