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To: edge919; ydoucare
I showed in the OP that the majority opinion (despite liberal whining in the dissent) expressed an expectation for the so-called natural-born citizen children to move to Mexico. They aren't "free" to do anything.

Do you understand the distinction between expectations of what a reasonable family might do, and what the law says they must do?

Natural-born citizenship isn't based on law,

Wrong. It was originally based on English common law.

Obama wasn't over 10 years of age when his father was denied his extension and was ordered back to Kenya. Even by ydoucare's own anecdotal standards, Obama goes to Kenya.

Once again, yes or no, do you understand the difference between a family's voluntary decisions as to whether the child stays or goes, or what the law mandates?

That's it for me for most of the day, and possibly for this thread - it's gotten very wierd with bizarre theories that the law doesn't matter.

234 posted on 10/10/2011 10:56:26 AM PDT by sometime lurker
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To: sometime lurker
Do you understand the distinction between expectations of what a reasonable family might do, and what the law says they must do?

Absolutely, but the distinction that you want it to mean is rendered moot because the judge in question denied the use of the children as a hardship claim to avoid deportation. The judge isn't expressing a casual observation about what a so-called "reasonable family" might do. He's saying the kids can't be claimed as a hardship. They can be moved to Mexico. If the judge was legally concerned about the claim of "natural-born citizenship" then he would feel bound to honor the hardship claim. It's what the dissenting judge claimed.

Wrong. It was originally based on English common law.

Wrong. It is based on natural law, matching verbatim with the definition used by Vattel. Justice Gray talked about "at common law" when citing this definition, but he didn't say anything specifically about English common law. On a side-by-side comparison, the nomenclature he used is from Vattel. The parts in red from Minor match the parts that are underlined in Vattel.

Minor: " ...all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens ..."

Vattel: The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

Minor says NBCs are distinguished from foreigners and aliens. Vattel says, " if he is born there of a foreigner, it will be only the place of his birth, and not his country, ..." thus, Justice Waite includes a distinction that follows Vattel.

237 posted on 10/10/2011 12:28:15 PM PDT by edge919
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