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To: Forty-Niner

you say: “.....The primary function of the USSC is not to re-define the law to the prevalent, or the personal, bias’ of their day.....it is to apply the Constitutional Law to a specific case at hand, taking into account the written words of the law, the histotical context of it’s drafting, and the intent of the authors....What you suggest is legal chaos.”

Is this a legal theory or is this the way things actually are? Last I checked this is simply originalist legal theory.

According to the court’s decisions in Wong Kim Ark, a person born a citizen is a NBC. And children of foreigners living in the US born in the US are natural born citizens. There is simply no difference in current US law between someone who becomes a citizen at birth and a natural born citizen. All this nonsense about different kinds of citizens at birth-—natural born, native born, statutory-—is simply legal hogwash that does not exist at this time. If you think there should be, then get on the Supreme court and change it.


399 posted on 04/25/2010 3:15:54 PM PDT by ChurtleDawg (voting only encourages them)
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To: ChurtleDawg
According to the court’s decisions in Wong Kim Ark, a person born a citizen is a NBC. And children of foreigners living in the US born in the US are natural born citizen

The court determined no such thing. Wong Kim Ark was deemed a citizen, nothing more and nothing less. Words mean things, especially in a legal setting, and the words "natural born" were never applied to Mr. Wong.

402 posted on 04/25/2010 4:20:30 PM PDT by RegulatorCountry
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