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To: Uncle Chip
Defined nonetheless -- and defined is as defined does --

That's like saying you've defined natural-born citizen -- and defined is as defined does. One Justices opinion does not a Supreme Court decision make. It counts no more or no less than your opinion or mine in terms of established law and legal precedent.

...and no other Justice has ever challenged that definition or offered his own that is any different.

So you say, though many others might say that Justice Gray did define it differently in the Ark decision. Others might point out that Chief Justice Waite did not agree with Chief Justice Marshall's blanket statement in the Happersett decision when he noted that there were different schools of thought on the subject and refused to say whether one or the other was wrong. But you keep on trying.

156 posted on 01/12/2010 2:46:24 PM PST by Non-Sequitur
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To: Non-Sequitur
One Justices opinion does not a Supreme Court decision make. It counts no more or no less than your opinion or mine in terms of established law and legal precedent.

I have news for you -- every Supreme Court Decision is made up of multitudes of opinions, facts, dicta that lead up to a final decision -- many of which then are cited as precedents in future cases.

Furthermore Marshall's dicta was factual not opinion -- as it was the fact upon the Republic operated at that time and no one debated that or opined otherwise at all.

So you say, though many others might say that Justice Gray did define it differently in the Ark decision.

Can you name these "many others" for us??? Would those "many others" include your alter egos on this site???

Others might point out that Chief Justice Waite did not agree with Chief Justice Marshall's blanket statement

Can you name those "Others" or are you just referring to yourself and the handful of Obots who have no documentary evidence for anything they say.

157 posted on 01/12/2010 3:27:30 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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