Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Jeff Winston

>> “ Wong Kim Ark especially seems pretty clear to me that the legal and judicial precedent is that it doesn’t take both jus soli and jus sanguinis to make a natural born citizen.” <<

.
Obviously, you have not read WKA!

.
>> United States v. Wong Kim Ark, 169 U.S. 649 (1898)

In this case, Wong Kim Ark, the son of 2 resident Chinese aliens, claimed U.S. Citizenship and was vindicated by the court on the basis of the 14th Amendment. In this case the Justice Gray gave the opinion of the court. On p. 168-9 of the record, He cites approvingly the decision in Minor vs. Happersett:

At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.

On the basis of the 14th Amendment, however, the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A., under the jurisdiction of the United States. The Court gave a novel interpretation to jurisdiction, and thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.); but it did not extend the meaning of the term “natural born citizen.”


51 posted on 05/29/2011 4:06:54 PM PDT by editor-surveyor (Going 'EGYPT' - 2012!)
[ Post Reply | Private Reply | To 40 | View Replies ]


To: editor-surveyor; Jeff Winston
Rep. John A. Bingham, who later became the chief architect of the 14th Amendment’s first section.

In the United States House on March 9, 1866
commenting upon Section 1992 of the Civil Rights Act, said that the Act was
“simply declaratory of what is written in the Constitution,
that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself,
a natural born citizen”.

Rep. Bingham said “parents.” He did not say “one parent” or “a mother or father.”

52 posted on 05/29/2011 4:28:04 PM PDT by ASA Vet (Natural-born citizens, are those born in the country, of parents who are citizens. De Vattel)
[ Post Reply | Private Reply | To 51 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson