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To: ydoucare
Sorry, but the so-called "legal doctrine of jus soli citizenship" is not the basis for natural born citizen. The SCOTUS said in the UNANIMOUS Minor v. Happersett decision that NBC = all children born in the country to parents who were its citizens. The SCOTUS cited and affirmed this definition more than 20 years later in U.S. v Wong Kim Ark when it noted both jus soli AND jus sanguinis criteria for determining the citizenship of Virigina Minor:
Minor v. Happersett (1874), 21 Wall. 162, 166-168. The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States ....

221 posted on 10/09/2011 9:45:16 PM PDT by edge919
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To: edge919; ydoucare

The keep coming back to a composition fallacy - if the circumstances applied to one person, that those must apply to all.

Watch out for a truncated quote that Edge likes to use, omitting the “neither...nor” which reverses the meaning.


227 posted on 10/10/2011 7:40:34 AM PDT by sometime lurker
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To: edge919
The doctrine of jus soli is one basis and method of acquiring natural born citizenship.(ie: Obama or Rubio) Another is the jus sanguinis doctrine.(ie: McCain) If you are a citizen when you are born and there is no need for any naturalization procedure or process, then you are a natural born citizen. This is very well settled and established law. SCOTUS is not going the change this aspect of citizenship law. The only way this will ever change is by Constitutional Amendment.

You have a unique interpretation of the Minor v. Happersett case. The sole issue before the court in Minor was whether the 14th Amendment granted females sufferage through it's equal protection clause and privileges and immunities clause. The only holding of the court denied females sufferage pursuant to the 14th Amendment. Any language in the opinion regarding citizenship was strictly dicta and has zero precedential value. Frankly, Wong Kim Ark is the case that has been followed by all courts in citizenship cases rather than Minor. In the last century, Minor has never been cited in any type of citizenship case, natural born citizen or not, whereas there are thousands of cases which cite WKA and it's language regarding natural born citizenship. Why does not a single court cite Minor when ruling on natural born citizenship, but consistently cite WKA.

A more recent case that has a good discussion of nbc is Rogers v. Bellei (1971).

235 posted on 10/10/2011 11:14:09 AM PDT by ydoucare
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