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To: BladeBryan
It's clear you have no law degree, or you'd understand the difference between dicta and a holding. You'd also understand that the Wong Kim Ark Court would not have used the 14th Amendment to decide the issue before them, could they have reached the same result based solely on the idea that US Constitutional law grants citizenship based on inheriting the semantics of "natural born subject."

Also, it must be noted, that nowhere in Wong Kim Ark does the Court even emit dicta to the effect that a "natural born citizen" is anyone born in the US, who was "subject to the jurisdiction thereof" at birth. In fact, the term "natural born citizen" occurs nowhere in the opinion.

Y'all seem to keep forgetting that the issue isn't whether anyone is a citizen (which was the only issue in Wong Kim Ark), but rather who is or is not a "natural born citizen."

75 posted on 07/04/2011 7:52:45 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

sourcery “It’s clear you have no law degree, or you’d understand the difference between dicta and a holding.”

What’s clear, sourcery, is that you are desperately grasping for anything that will let you deny that Obama is president. Neither you nor I are constitutional scholars. One of us is pretending to be.

What of the Court’s opinion WKA is dicta? Last I heard, legal scholars were still arguing that. Your pretension to such expertise is pure fantasy. Parts of WKA that I quoted here have been cited by other courts and real legal scholars.

The Court of Appeals of Indiana took WKA as “guidance”, if not binding precedent, on the very issue in question here. The three-judge panel unanimously agreed: “Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are ‘natural born Citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.” [Ankeny v. Daniels]


82 posted on 07/04/2011 8:16:14 PM PDT by BladeBryan
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