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To: flashbunny
Is citing a bad supreme court decision by liberal activists something you want to base your position on, or do you want to work to change it back to the ORIGINAL interpretation?

Of course not. My point is that in order to make such a change, you will have to go through the constitutional process. I don't want SCOTUS deciding.

Some other info on the definition of natural born citizens. It has some current relevancy since John McCain was born in Panama.

The U.S. Supreme Court's reasoning in United States v. Won Kim Ark, 169 U.S. 649 (1898) (which held that a person born within the jurisdiction of the U.S. but to noncitizens is thereby automatically a citizen) has been viewed by some legal scholars as indicating that a person born abroad, even to parents of U.S. citizens, does not constitue a "natural born" citizen.

Likewise, Weedin v. Chin Bow, 274 U.S. 657, 663 (1927) recites that "under the common law which applied in his country, the children of citizens born abroad were not citizens but were aliens." But no Supreme Court case has yet squarely addressed what "natural born Citizen" means in the context of Article II, Section 1, clause 5 of the U.S. Constitution.

115 posted on 11/15/2005 9:11:33 AM PST by kabar
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To: kabar

"Of course not. My point is that in order to make such a change, you will have to go through the constitutional process. I don't want SCOTUS deciding."

The supreme court, if it has 5 people who believe in originalism on it, could clarify the issue with another law. It would just need to work its way through the court system.

You don't need another constitutional amendment any more than you need another constitutional amendment to overturn anti-gun laws. The underlying amendment is already there - it just needs to be intrepreted like it was meant to be.


120 posted on 11/15/2005 9:18:09 AM PST by flashbunny (LOCKBOX: Where most republicans keep their gonads after they arrive in Washington D.C.)
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