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To: sourcery
sourcery wrote:
Your quote from Wong Kim Ark does not say what you claim it does. The phrase it uses is "natural born subject." It uses that phrase for the very good reason that it's not ruling (making a precedential holding) about US law, rather is making a dictum about British law (about which it has no authority to rule precedentially.)
You seem to have stopped before the second paragraph of the quote. Yes, it started talking about the British rule, but here again is the part you seem to have missed:
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.
Got that? The same rule "continued to prevail under the Constitution". That's what the quote said, and that's what I said the quote said.
66 posted on 07/04/2011 7:13:16 PM PDT by BladeBryan
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To: BladeBryan
If that means what you claim, why didn't the Court stop right there? What was that not sufficient to find the apellee a citizen?

Worse, the very fact that laws had been on the books for decades, unchallenged, that denied citizenshp based on race flatly contradicts the statement the standard policy in the US was to grant citizenship to everyone born here.

68 posted on 07/04/2011 7:21:48 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: BladeBryan
See also post #67. Your quote from Wong Kim Ark is dicta, not a precedential holding.
69 posted on 07/04/2011 7:23:41 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: BladeBryan
The validity of each and every Supreme Court decision issued wherein Chief Justice Gray either wrote the majority opinion, or which was a 5/4 decision, depends utterly on the whether or not the President who "appointed" him (Chester Arthur) was Constitutionally President.

Chester Arthur was born in the US to a father who was a British subject at the time, and who had not yet become a naturalized US citizen. That fact did not become known until years after he left the Presidency.

It's more than just ironic that Wong Kim Ark was decided by Justice Gray. The SCOTUS may have no choice but to disregard Wong Kim Ark whenever they decide to either affirm or overturn Minor vs. Hapersett, in order to avoid logical contradictions.

71 posted on 07/04/2011 7:42:21 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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