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To: curiosity
I’ll make it easy for you. Below is the link to the Wong Kim Ark decision. Please post the words from that decision that “clearly conclude” that Wong Kim Ark was a “natural born citizen”.

Gladly:

"It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

"III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established."

Show us the words that state "Wong Kim Arks is a natrual born citizen" of the United States.

Show us a quote from a reputable constitutional scholar that states NBC was settled under Ark by stare decisis.

YOU CAN'T !!!

BTW: Why don't you respond to my post to you showing that allegiance = obedience and that permanent [as opposed to temporary] allegiance is required of the parents in order for a child to be a natural born subject, per Calvin's Case [1608] ???

372 posted on 03/16/2010 9:49:19 AM PDT by Lmo56
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To: Lmo56
Show us the words that state "Wong Kim Arks is a natrual born citizen" of the United States.

Court opinions don't generally lend themselves to sound bites, but it is very clear from the paragraphs I posted that the court considered Ark to be a NBC.

375 posted on 03/16/2010 10:03:17 AM PDT by curiosity
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To: Lmo56
Woops. I missed this earlier:

BTW: Why don't you respond to my post to you showing that allegiance = obedience and that permanent [as opposed to temporary] allegiance is required of the parents in order for a child to be a natural born subject, per Calvin's Case [1608] ???

Calvin's case does not say permanent allegiance is required of the parents. It only requires actual obedience.

Actual obedience isn't the same thing as permanent allegiance, and none of the posts you cite say it is.

In point of fact, your posts prove it can't be the same thing.

Per your Dicey quotations, only British subjects had permanent allegiance to the King of England. So if permanent allegience were required of the parents, then children born of aliens could not be natural born British subjects. But that would contradict the finding in Calvin, in which the child of an alien was ruled a natural born subject.

Actual obedience just means that the person in question is under the protection and jurisdiction of the King in the time an place in question. That applies to all aliens, unless they are invaders, envoys, diplomats, etc.

In the US context, it also applies to Obama's father, who as a resident of Hawaii, was under actual obedience to Hawaii's and US Federal laws at the time of Bambi's birth.

I'm sorry, my friend, but your argument holds no water, and your "research" does not support it.

389 posted on 03/16/2010 12:59:28 PM PDT by curiosity
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