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To: ydoucare
You have a unique interpretation of the Minor v. Happersett case.

Generally, there's nothing "unique" about being correct. The text speaks for itself: all children born in the country to parents who were its citizens. These were the native or natural born citizens.

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.

Sorry, but this is wrong. Minor argued she was a 14th amendment citizen and because of that citizenship, she claimed a right to vote. Her citizenship argument and the rejection of that argument is stated explicitly throughout the decision and the syllabus, as well as being acknowledged in U.S. v Wong Kim Ark. Read and learn:

From the syllabus: "2. In that sense, women, born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment to the Constitution as since."

Waite sums up Minor's citizenship argument, based on language from the 14th amendment: "The argument is, that as a woman, born or naturalized in the United States and subject to the jurisdiction thereof, is a citizen of the United States ..."

Waite rejects the argument for not only Minor, but women as a class of persons: "There is no doubt that women may be citizens. They are persons, and by the fourteenth amendment "all persons born or naturalized in the United States and subject to the jurisdiction thereof" are expressly declared to be "citizens of the United States and of the State wherein they reside." But, in our opinion, it did not need this amendment to give them that position.

Waite reiterates that V. Minor's citizenship was NOT due to the 14th amendment: "In this respect men have never had an advantage over women. The same laws precisely apply to both. The fourteenth amendment did not affect the citizenship of women any more than it did of men. In this particular, therefore, the rights of Mrs. Minor do not depend upon the amendment. She has always been a citizen from her birth, and entitled to all the privileges and immunities of citizenship. The amendment prohibited the State, of which she is a citizen, from abridging any of her privileges and immunities as a citizen of the United States; but it did not confer citizenship on her."

Justice Gray notes that the Minor decision excluded children born of citizen parents from the 14th amendment: "...all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment is manifest from a unanimous judgment of the Court ..."

Justice Gray notes that V. Minor's citizenship is due to citizen parents: "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, ....

The last quote from Gray is significant because Justice Waite never explicitly said that Virginia Minor was born of citizen parents. IOW, Gray had no reason to mention this point unless it was pertinent to the decision. And it was pertinent as it provided a definition and a term that Gray could not use for Wong Kim Ark. Ark was NOT a natural-born citizen.

You mentioned Rogers v. Bellei, but this has a lot of mixed verbiage between natural-born and native-born, such as this reference to the Civil Rights Act of 1866, and it of course, ignores that Minor v. Happersett gave a specific definition of NBC.

"Apart from the passing reference to the "natural born Citizen" in the Constitution's Art. II, § 1, cl. 5, we have, in the Civil Rights Act of April 9, 1866, 14 Stat. 27, the first statutory recognition and concomitant formal definition of the citizenship status of the native born:

"[A]ll persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States. . .

Thus, in Minor v. Happersett, 21 Wall. 162, 88 U. S. 167 (1875), the Court said:

"Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. . . . [N]ew citizens may be born, or they may be created by naturalization."

Yes, the court said this in Minor, but for some strange reason they omitted the part that said this was in addition to: "Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen." Those who were added by birth were those who were born to the original citizens. Anyone not born to citizens had to be naturalized. It's not until the Civil Rights Act of 1866 and the 14th amendment that one can be born in the country and be considered a citizen without being born to citizen parents, except where already occurring in certain states, but this is not the same as natural born citizenship because the Court in Minor unanimously told us so.

239 posted on 10/10/2011 1:19:16 PM PDT by edge919
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To: edge919; ydoucare
The quote butcher is at again, only this time he hacked off a bigger piece! Edge's version:
Justice Gray notes that the Minor decision excluded children born of citizen parents from the 14th amendment: "...all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment is manifest from a unanimous judgment of the Court ..."
The unadulterated version from WKA:
That neither Mr. Justice Miller nor any of the justices who took part in the decision of The Slaughterhouse Cases understood the court to be committed to the view that all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment is manifest from a unanimous judgment of the Court...
Kinda changes things, doesn't it?
240 posted on 10/10/2011 1:49:43 PM PDT by sometime lurker
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To: edge919; sometime lurker
Wow, If your response passes for birther legal analysis, I now understand why the birthers have lost every lawsuit they have been involved in since 2008. Try reading the 1st paragraph of the Minor opinion where it states that the only issue before the court is the woman sufferage issue. Do you know the definition of legal dicta? You complain that Scotus ignores Minor in the Rogers citizenship case, when if understood legal precedent and the definition of dicta it would be obvious to you why Minor was not cited. You realize that any attorney who cites Minor regarding a citizenship issue in a case automatically loses the case and the judge goes back to his chambers and breaks out ROTFLOL.
Rogers is not the only citizenship case that ignores Minor, every other case in the last century does the same. Does it ever occur to you that the language you keep butchering and quoting from Minor has zero precedential value and no court from the lowest immigration court up to and including SCOTUS will never use your language or your legal argument. It is obvious from your post that you cannot find a single natural born citizen case in the last century that cites Minor. There are thousands that cite WKA. WKA is one of the top 10 cited cases in SCOTUS history and the holding in Minor was overruled by the 19th amendment and has not been cited approvingly by a single court in 90 years. That should tell you something about your bogus theory.
BTW, a syllabus to a SCOTUS case is NOT part of the court's opinion and is never cited as authority. Again, an attorney who cites the syllabus will be laughed out of court. But I guess the birthers are well aware of that reaction to their legal arguments.
248 posted on 10/10/2011 6:47:37 PM PDT by ydoucare
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