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To: edge919

You said:What you mean to says is that NBCs are native born, but native-born citizens are NOT necessarily NBCs.


No I didn’t. I said EXACTLY what I meant. People who are native born are born in the allegiance of the U.S., except for kids of diplomats and kids of invading soldiers. Actually, I DIDN’T say that, the SUPREME COURT babbled it first. See, AGAIN:

“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, NATIVE BORNS are born in the allegiance even if they are aliens: And what is that little tern the court also uses for these native born people who are born in the allegiance??? Here, again the court BABBLES:

“ll 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.”

Sooo, native born people, even aliens, are born here if they are NATIVE BORN (duh!!!) and they are in the allegiance of the U.S. and therefor since ALL people born in the allegiance of the U.S are NATURAL BORN CITIZENS, these people are NATURAL BORN CITIZENS too.

Sooo, really it is YOU who are babbling. Not me. Sooo, quit being a Vattle Birther. OK???


134 posted on 10/04/2011 1:20:41 PM PDT by Squeeky ("Truth is so rare that it is delightful to tell it. " Emily Dickinson)
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To: Squeeky
People who are native born are born in the allegiance of the U.S., except for kids of diplomats and kids of invading soldiers.

Which is only pertinent through the 14th amendment. We've already established that natural born is defined OUTSIDE of the Constitution. Gray went further and said the court was committed to the view that NBCs were EXCLUDED from the birth clause of the 14th amendment.

Here, again the court BABBLES:

ll 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.

The problem is that this passage was used by the Supreme Court in acknolwedging that you could be born IN THE UNITED STATES and be a natural born SUBJECT if your parents still held allegiance to the King. This is mentioned in both Shanks v. Dupont and in Inglis v. Sailors Snug Harbor, the latter of which said very clearly:

The facts disclosed in this case, then, lead irresistibly to the conclusion that it was the fixed determination of Charles Inglis the father, at the declaration of independence, to adhere to his native allegiance. And John Inglis the son must be deemed to have followed the condition of his father, and the character of a British subject attached to and fastened on him also, which he has never attempted to throw off by any act disaffirming the choice made for him by his father.

Read the underlined and bolded parts above. The SCOTUS is using Vattel to adjudge a person born IN the U.S. as a British subject. Here's Vattel:

As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.

Sorry, but I'm a Supreme Court legalist. The court says NBC = all children born in the country to citizen parents BECAUSE children follow the condition of the father. The concept of so-called "native-born children" is not the same thing. It is based only on circumstances defined by the Constitution via the 14th amendment, which was CLEARLY what the Wong Kim Ark decision ruled, subject to permanent domicil and residence.

137 posted on 10/04/2011 2:14:31 PM PDT by edge919
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