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To: dangus

Ping!


129 posted on 04/27/2011 8:06:16 PM PDT by afraidfortherepublic
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To: afraidfortherepublic

In the Venus case, the court waded through areas of law undefined by Congress or Constitution, finding that it was reasonable to treat differently a citizen born in America with another who was FOREIGN-BORN and naturalized, and who maintained business ties with a nation we were at war with, and in fact, the reliance on Vattel, to whom Natural Law and natural-born clearly indicates that the court did NOT establish the original intent of the phrase, “natural born” meant. The reference to Vattel is to establish that it is reasonable to distinguish between foreign-born and native-born, not to assume all of Vattel’s interests in making that distinction, nor establish Vattel as a controlling authority.

Again, Shanks v DuPont merely asserts that moving oversees is NOT inherently a renunciation of citizenship, even when it is to form a marriage with a foreign natural. This actually boosts Obama’s claim, because it suggests that neither Obama nor Dunham lost citizenship when they moved to Indonesia; Even if Obama was underage, he doesn’t renounce his citizenship if his parent does. Nothing in Shanks suggests that the national character of an un-naturalized immigrant in America is legally or incidentally that of his homeland; it is, in fact, quite reasonable to suppose the opposite: that the legal, permanent-resident alien has adopted the natural character of America, even before his naturalization has taken place.

In Minor v. Harperset, the court finds that a person born in America of citizens is constitutionally a natural-born citizen. But the Chief Justice purposely ventures into areas not applicable in the case to prevent later case law reading him as creating a narrow definition of natural-born citizens, specifically declining to settle whether any children born in America, whether their parents are citizens or not, are inherently natural-born.

In US v Wong Kim Ark, the Supreme Court plainly rules contrary to your assertion, saying that any child born under US jurisdiction is natural born. This ruling is controlling authority. In error or not, the notion that the Supreme Court would nullify an election which was conducted in accordance with its own precedent is absolutely unthinkable, and would create an unrecoverable constitutional crisis. Stare Decisis is a much abused notion, but this is absolutely the reason why it exists.


131 posted on 04/28/2011 7:46:47 AM PDT by dangus
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