Posted on 09/30/2011 12:35:26 AM PDT by Yosemitest
RUSH:
There is much wisdom in the bible, if we could only learn it and follow it.
The Naturalization Act covered everyone who was not naturally a citizen by birth which was aliens, their wives and children, and children born abroad of citizen parents.
. . . .Marco Rubio falls in the category of doubt. His citizenship is not natural, but is instead dependent on a Constitutional amendment and/or naturalization law.
THEN, here is what the Supreme Court (and some common sense) says, that naturalization has NOTHING to do with people born INSIDE the country:
So far as we are informed, there is no authority, legislative, executive or judicial, in England or America, which maintains or intimates that the statutes (whether considered as declaratory or as merely prospective) conferring citizenship on foreign-born children of citizens have superseded or restricted, in any respect, the established rule of citizenship by birth within the dominion. Even those authorities in this country, which have gone the farthest towards holding such statutes to be but declaratory of the common law have distinctly recognized and emphatically asserted the citizenship of native-born children of foreign parents. 2 Kent Com. 39, 50, 53, 258 note; Lynch v. Clarke, 1 Sandf.Ch. 583, 659; Ludlam v. Ludlam, 26 N.Y. 356, 371.
Which means, now that you have been busted out on this fib, you will now go back to saying again that citizens under the 14th amendment are different from natural born citizens (because Vattle Birthers can not count to TWO (LOL!!!)). Sooo, let me head you off at the pass. They are the same. The Supreme Court judges say:
The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes.
And then it says that people who are born in the allegiance of the United States LIKE MARK RUBIO who was born in Miami which is INSIDE America, ARE NATURAL BORN CITIZENS:
"All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution."
Which, even though the law is very clear about, Mark Rubio being a natural born citizen, YOU, being a Vattle Birther, will still try to muddy the waters for people here and mislead them about this, which I wonder WHY you don't just read the law and quit being one of the Vattle birthers. Are they holding your family hostage or something??? Do you owe them money???
You did.
So far as we are informed, there is no authority, legislative, executive or judicial, in England or America, which maintains or intimates that the statutes (whether considered as declaratory or as merely prospective) conferring citizenship on foreign-born children of citizens have superseded or restricted, in any respect, the established rule of citizenship by birth within the dominion.
Well, duh. England's statutes are very liberal in terms of subjectship. They wouldn't supersede or restrict an established rule of citizenship. In fact, they do the opposite. Their statutes ADD to that rule specifically by declaring the children of foreigners to be natural born subjects and children born of subjects regardless of the place of birth, but it was done with the understanding that the parents had to have "actual obedience" to the crown. The U.S. has no fundamental rule that requires "actual obedience." In the U.S., the only so-called "established rule of citizenship by birth" is natural born citizenship which = born in the country to citizen parents.
There is no established rule of citizenship by birth to foreigners except in certain states of which New York is a good example. The Lynch v. Clarke decision was a New York state case based on New York law which did recognize citizenship at birth to those who "abided" within the state. We learned this already through the Inglis v. Sailor's Snug Harbor ruling that said:
The resolutions of the convention of New York of the 16th of July 1776, have been relied upon as asserting a claim to the allegiance of all persons residing within the state.
Not all states have such a resolution. But the law in New York meant that the parents had to intend to be permanent residents, according to Justice Story
Their 'temporary stay' is manifestly used in contradiction to 'abiding,' and shows that the latter means permanent intentional residence.
So, the so-called fundamental rule of citizenship by birth comes with strings. It is obviously not the same thing as NBC.
Which means, now that you have been busted out on this fib, you will now go back to saying again that citizens under the 14th amendment are different from natural born citizens ...
Sorry, but the Supreme Court said this in very plain and simple words that even you can understand. NBC is defined OUTSIDE of the Constitution. "Citizenship by birth" is defined by circumstances IN the Constitution (via the 14th amendment). They ARE different. The court said NBC were EXCLUDED from the 14th amendment. Your quote about a so-called "established rule of citizenship" is qualified by this statement ... "So far as we are informed ..." This section is ONLY being used to bolster the 14th amendment. It doesn't supercede or restrict the fundamental rule of natural born citizenship as was cited by the Supreme Court.
They are the same. The Supreme Court judges say:
What you quoted does NOT say anything is the same. READ IT. UNDERSTAND IT. COMPREHEND IT:
... the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory ...
The 14th amendment is part of the Constitution. It may affirm a fundamental rule of birth, but it doesn't supercede the NBC definition. And it is LIMITED:
... including all children here born of resident aliens
Nothing here says "including all persons born to citizen parents." It doesn't say "including all persons born to foreign subjects." It doesn't even say "all persons born in the United States." Read it AGAIN:
... the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers ...
If this was supposed to apply to all persons including those born of citizen parents and foreign subjects, why does it ONLY say "including all children here born of resident aliens"???
And ONE MORE TIME so you can wrap your head around this:
All persons born in the allegiance of the king are natural-born subjects, ...
This passage is from a decision referring to people BORN IN THE UNITED STATES. It contradicts your belief because it means that simply being born in the U.S. does not automatically make the child a U.S. citizen. The persons born in the allegiance of the United States are those persons born to parents who adhered to the United States after the Declaration of Independence. IOW, these are persons born to citizens. That is why they are referred to SEPARATELY as natural-born citizens from those adhered to the crown.
Nothing here says "including all persons born to citizen parents." It doesn't say "including all persons born to foreign subjects." It doesn't even say "all persons born in the United States." Read it AGAIN:
... the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers ...
If this was supposed to apply to all persons including those born of citizen parents and foreign subjects, why does it ONLY say "including all children here born of resident aliens"???
==================
Uh, because there is NO DOUBT about people born to two citizen parents being citizens??? Uh, because that is the easy part where there aren't any questions??? Uh, because questions only came up when a parent or two wasn't a citizen, like with Wong Kim Ark, whose parents were Chinese??? Uh, because YOU can't read and you missed "birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens," being about a larger class of ALL persons, and "including" making sure it was understood to "INCLUDE" kids of foreigners. Uh, all of the above.
What is wrong with you??? Do you think the 14th amendment only applies to kids of foreigners born here??? Silly Vattle Birther, it is clear (to everybody but IRRATIONAL Vattle Birthers) that "the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory" means EVERYBODY born here, except the two exceptions.
Sooo, quit playing dumb and quit being a Vattle Birther, OK???
You're almost understanding. Those persons you are describing are NBCs. If the so-called "ancient and fundamental rule of citizenship by birth within the territory" was so ancient and fundamental, then why is there doubt about those who are NOT born to citizens?? The answer: they are not NATURAL-BORN citizens. The ancient and fundamental rule comes with strings and doubts, but only one class within this rule has no doubt: those born in the country to citizen parents, i.e., Natural-born Citizens.
All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution.
But,but,but,but(you'll say). . .ALL persons just can't mean the aliens and foreigners!!! YES IT DOES. The court says:
It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, and the jurisdiction of the English sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born.
III. 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.13
Sooo, it is time for YOU to break out of the Vattle Cult, and quit being a Vattle Birther. This is as close to doing it as YOU will probably ever get. If you don't, you will end up like the Moon Landing Deniers, spending your life spouting off a bunch of cult nonsense and having people either ignore you as a nut, or poke fun at you. I hope you do the right thing.
Nonsense. How can it be "natural" if there's doubt???? "Natural-born" in all other respects means "by virtue of one's nature, qualities, or innate talent." If you have to solve doubts, then it is NOT by one's nature, it is NOT innate. Being born in a country other than where your parents was born is NOT natural. It takes extraordinary circumstances to occur. Rubio's parents were exiled. Obama's father was here on a student visa. Neither of their children could be natural-born citizens unless the parents naturalized.
It's what the court says. if they are born here, then they are born "in the allegiance"---both classes
Wrong. The court said "in the allegiance" was defined by "adhering" to the one side or the other, whether it was Great Britain or the United States. Justice Gray NEVER used this citation as the controlling criteria for Wong Kim Ark's citizenship. His citation from U.S. v Rhodes was within the first 1/3 of the decision. His NEXT citation of the term "natural-born citizen" was from the Naturalization Act of 1790 and then from the Minor v. Happersett decision which defined natural-born citizen as "all children born in the country to parents who were its citizens." From this point forward, the term "natural-born citizen" is NEVER used again. Gray COULDN'T use it because Ark was NOT a natural-born citizen by the very precedent and definition by which he was bound.
You've now acknowledged that Ark's citizenship is a second class of citizenship (it is NOT a second class of natural-born citizenship. Such an idea is an oxymoron.) and that it still comes with doubt and with strings. The citation you want to use about allegiance is originally from Shanks v. Dupont in 1830. If that decision established that the children of foreigners could be natural-born citizens (which it does NOT do), then there would never have been a necessity for the 14th amendment, nor for the Minor case, nor for the Wong Kim Ark case.
It's time for you to be honest with yourself and to admit the TRUTH. The Supreme Court has a single, exclusive, no-doubt definition of natural-born citizen. It applies ONLY to children born to citizen parents. Period. Close is not good enough. Rubio is NOT a natural-born citizen. Had his parents naturalized first, then the answer would be different ... but it's not.
A Place To Get The REALLY Right Answers About Natural Born Citizenship
The ONLY place to get an official definition of natural born citizen has been and remains Minor v. Happersett: all children born in the country to parents who were its citizens. It was quoted and AFFIRMED in U.S. v Wong Kim Ark. Nothing supercedes this. Nothing.
Mars Needs Vattel Birthers!!! Do YOU Have What It Takes???
I can not take credit for this. My BFF Fabia Sheen, Esq., a lawyer, wrote most of it. Thank you Fabia!!!
The same "old stuff" is STILL legal precedent. the Supreme Court is clear in their single, exclusive definition of natural-born citizens: all children who were born in the country to citizen parents. You can paint an orange red, but that won't make it an apple. Likewise, wishing that Marco Rubio is a natural-born citizen won't make it so. It is what it is and it ain't what he ain't ... and he ain't a natural born citizen.
The Case of Minor Rabbit Versus Happersett (1875)
At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all rabbits were mammals, and their children were mammals, too. These were mammals, or common sense mammals, as distinguished from critters like platypuses or weird animals. Some authorities go further and include as mammals, platypuses. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.
Vattle Birthers: See!!! This PROVES platypuses are NOT mammals!!!
Wong Kim Platypus versus U.S.(1898)
History says if it has hair, and is warm-blooded, then its a common sense mammal. The U.S Constitution says there are only two kinds of critters—mammals and icky fishy/reptile/buggy/birdy ones. Therefore, Wong Kim Platypus has hair and is warm-blooded, and is a mammal.
Vattle Birthers: But the court didn’t say Wong Kim Platypus was a common sense mammal!!! There is a difference between common-sense mammals and mammals!! The 1875 case says only rabbits are common sense mammals, not platypuses!!! And what about Emerich de Vattel??? He says that in FRANCE, platypuses are not common sense mammals!!!
Vattle Birthers versus Indiana 2009
The Vattel Birthers said there is a difference between mammals and common sense mammals. We do not agree. There are only two kinds of critters—mammals and icky fishy/reptile/buggy/birdy ones. Based on Wong Kim Platypus, we rule that Barack Platypus is a common sense mammal. Plus, who cares what Frances says.
The Vattle Birthers: But that 1875 case is PRECEDENT that ONLY rabbits are common sense mammals!!!
Rational People: No it didn’t say that. You Vattle Birthers can’t read. It didn’t rule one way or the other on platypuses. It didn’t have to. Minor Rabbit, was a rabbit, not a platypus. The law is, if it has hair and is warm blooded, its a common sense mammal. Barack Platypus is stupid, but he has hair and is warm-blooded. He is a common sense mammal. And so is Marco Platypus!!! And so is Bobby Platypus in Louisiana.
Nice meltdown, squeeks. You can’t refute the facts, so you’re resorting to overwrought nonsense.
That’s not nonsense. That is just showing you Vattle Birthers how you are arguing the case in different words, because you don’t seem able to get it the other way. If what I have the Vattle Birthers saying in that example looks like nonsense, well. . .there is a real good reason. Think about it.
BTW (which means by the way) how high did you score on the test??? LOL!!!
He is not eligible, neither is Jindal unless of course the SC decides what a NBC really is.
He is not eligible, neither is Jindal unless of course the SC decides what a NBC really is and say it doesn’t matter about the parents.
So you let others do your critical thinking for you and you just act like a parrot. Got it.
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