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To: RummyChick; LucyT; hoosiermama
The guiding case right now is Wong -unless you can find another.

No, Wong is not the guiding light — that would be the Minor v. Happersett case that is referenced in US v Wong in regards to natural born citizen.

Keeping in mind that the 14th Amendment was ratified in July 9, 1868, Minor v. Happersett had reference to all 3 of the Reconstruction Amendments when it was ruled upon in 1874. Here are some relevant portions mentioned in US v. Wong about Minor v Happersett:

The constitution nowhere defines the meaning of these words [natural-born citizen], either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.’ Amend. art. 14. In this, as in other respects, it must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the constitution. Minor v. Happersett, 21 Wall. 162; Ex parte Wilson, 114 U. S. 417, 422, 5 Sup. Ct. 935; Boyd v. U. S., 116 U. S. 616, 624, 625, 6 Sup. Ct. 524; Smith v. Alabama, 124 U. S. 465, 8 Sup. Ct. 564. The language of the constitution, as has been well said, could not be understood without reference to the common law. 1 Kent, Comm. 336; Bradley, J., in Moore v. U. S., 91 U. S. 270, 274.

In Minor v. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the fourteenth amendment now in question, said: ‘The constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.’ And he proceeded to resort to the common law as an aid in the construction of this provision. 21 Wall. 167.

The interpretation of the constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.’ 124 U. S. 478, 8 Sup. Ct. 569.

There are other cases that US v Wong references that are pre-14th Amendment that still carry the same tenor — and are accepted in US v Wing — as Minor v. Happersett:

In US v Rhodes (1866), Mr. Justice Swayne, sitting in the circuit court, said: ‘All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.’ ‘We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution.’ 1 Abb. (U. S.) 28, 40, 41, Fed. Cas. No. 16,151.

‘The term ‘citizen,’ as understood in our law, is precisely analogous to the term ‘subject’ in the common law, and the change of phrase has entirely resulted from the change of government. The sovereignty has been transferred from the man to the collective body of the people; and he who before was a ‘subject of the king’ is now ‘a citizen of the state.” State v. Manuel (1838) 4 Dev. & b. 20, 24-26.


Vattel was very clear on that matter as well.


The natives, or natural-born citizens, are those born in the country, of parents who are citizens - Emer de Vattel

He is going to have to be nailed on the Cover up.

I agree with you on that — he AND others (Rat & Rino alike) — will be nailed on the cover-up. And just like with Lincoln's assassins — may the punishment equal the crime.

112 posted on 07/26/2009 8:45:49 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: BP2

Ann Needs to read this:

http://www.westernjournalism.com/?page_id=2697

(BP, can you make it large, brightly colored and flashing so she doesn’t miss it when she reads this thread.) (wink)


113 posted on 07/26/2009 9:09:33 PM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: BP2; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; MeekOneGOP; ...

Thanks, BP2, good post.

Check out #112.


120 posted on 07/26/2009 10:59:43 PM PDT by LucyT
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To: BP2

SIGH...You are wrong. The Justice in the Minor opinion did not resolve the issue because it was not pertinent to his case. If you don’t understand that concept then read the dissenting opinion in Wong that discusses Minor. IF you understand legal wording you will discover that the Justice indicates that it was not resolved. So even if you can’t seem to grasp that simple concept..the Justice in Wong tells it to you.

Like it or not, WONG is the case to look to under the Supremacy Clause.

IF you can’t understand this concept, ask a Lawyer who is familiar with this case if SCOTUS can just ignore Wong OR do they have to address it and decide if they agree with concepts laid out in it.


124 posted on 07/27/2009 5:02:52 AM PDT by RummyChick
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