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To: Mr Rogers
You can continue on in your delusion that Minor defined NBC, but there isn’t a court in the land that will follow your delusions. Nor is there a single state or state DA that will follow it. Nor has any Congressman, any one of which could have raised an objection to Obama’s election. The plain English of the one paragraph in the decision is that they did NOT try to determine the meaning of NBC, beyond applying it to the woman in the case, who had citizen parents.

This is the plain English used in the Minor decision: all children born in the country to parents who were its citizens ... These were the natives, or natural born citizens, AS DISTINGUISHED FROM ALIENS OR FOREIGNERS. The court CLEARLY says if you don't meet the definition of NBC, you are by nature considered an alien or foreigner. Other laws and/or circumstances have to be considered in order for such a person to be a citizen, which is why the court briefly reviews naturalization laws during the next couple of paragraphs. In Virginia Minor's case, the court said that as a woman (which represents a class of individuals) her citizenship did not rely on the 14th amendment as long as she was a natural born citizen. WKA was not a NBC and relied not only on the 14th amendment, but upon a residence and domicil requirement of the parents, as was lengthily explained by Gray. Minor was an NBC. Ark was not.

128 posted on 07/05/2011 8:24:41 AM PDT by edge919
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To: edge919

“WKA was not a NBC and relied not only on the 14th amendment, but upon a residence and domicil requirement of the parents, as was lengthily explained by Gray.”

No. WKA did NOT spend half the decision discussing the meaning of NBC/NBS if they all agreed, per your interpretation of Minor, that WKA was NOT a NBC.

You do not write half of a decision on something that has absolutely no relevance to the decision.

And the dissent understood that, as have all subsequent court decisions:

“Considering the circumstances surrounding the framing of the Constitution, I submit that it is unreasonable to conclude that “natural-born citizen” applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the Presidency, while children of our citizens, born abroad, were not.”

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZD.html

I know I will never convince you, just as you will never get a court to agree with your wacky legal theory that Minor excluded from NBC anyone whose parents were not citizens.

But you ARE a wacko, legally speaking. No one agrees with you - not in the courts, not in the legislatures, and not in the executive branch of any state.


129 posted on 07/05/2011 9:53:11 AM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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