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To: Mr Rogers
A large part of your post is taken verbatim from Wong Kim Ark. The only precedential holding in that case listed in the syllabus is "The court ordered Wong Kim Ark to be discharged, upon the ground that he was a citizen of the United States. 1 Fed.Rep. 382. The United States appealed to this court, and the appellee was admitted to bail pending the appeal."

The actual holding is stated in final paragraph of the opinion:

The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.

The "reasons above stated" are:

  1. The 14th Amendment grants citizenshp to the apellee: "...citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization."
  2. Congress has no power to deny citizenship granted by the Constitution itself: "The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away."

All else is either dicta, or else justification for any need to make a "first instance" ruling on the meaning of the first clause of the 14th Amendment.

67 posted on 07/04/2011 7:17:45 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: sourcery

“All else is either dicta”

Yet you birthers quote Minor, which didn’t even try to determine citizenship, other than to note the woman was a citizen before the 14th Amendment passed!

The “dicta” in WKA is a recital of court cases starting from the time of the colonies, showing how NBC was used in the law. It isn’t making a decision, just showing why no one had questioned it before.


98 posted on 07/04/2011 9:34:19 PM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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