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To: kabar

Tribe and Olson have dropped the ball. Minor v. Happersett is instructive here: “all children born in the country to parents who were its citizen. These were the natives, or natural born citizens ...” The WKA ruling affirmed this definition by acknowledging that Viriginia Minor’s citizenship was established by virtue of BOTH jus soli and jus sanguinis circumstances: “The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States ...” Wong Kim Ark was NOT born to citizen parents and thus could not be ruled a citizen per the definition of NBC. Justice Gray also recognized that he couldn’t necessarily rule Ark to be a citizen by virtue of the 14th amendment unless he could show how Ark’s parents fulfilled the subject clause, which he did by requiring permanent residence and domicil. Since Obama’s father had neither, Obama is not an NBC nor a 14th amendment citizen.


43 posted on 08/30/2011 7:28:18 AM PDT by edge919
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To: edge919
Tribe and Olson have dropped the ball.

Are you a recognized constitutional expert or did you stay at a Holiday Inn Express?

My point is that this is not settled law as much as you would like to opine otherwise. Whether one likes or agrees with Tribe and Olson or not, they have the legal "gravitas" and pedigree to elicit attention and support for their position. This will have to go to SCOTUS to be resolved. You are entitled to your opinion, but the reality is that it doesn't change anything. Obama is in the WH and is the President and the CIC.

46 posted on 08/30/2011 7:36:16 AM PDT by kabar
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To: edge919
Wong Kim Ark was NOT born to citizen parents and thus could not be ruled a citizen per the definition of NBC. Justice Gray also recognized that he couldn’t necessarily rule Ark to be a citizen by virtue of the 14th amendment unless he could show how Ark’s parents fulfilled the subject clause, which he did by requiring permanent residence and domicil. Since Obama’s father had neither, Obama is not an NBC nor a 14th amendment citizen.

Wong Kim Ark was recognized as an American citizen by right of birth within the United States under English Common Law. The 14th Amendment was irrelevant in his case.
57 posted on 08/30/2011 8:26:00 AM PDT by Cheburashka (If found, please return this Ring of Power to Sauron, Lord of Darkness. Return postage guaranteed.)
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