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To: edge919
YOU said: The U.S. evidently did NOT adhere to this common law, because they wrote a law to do this very type of thing within the 1790 Naturalization Act. If they were following English common law, there was no need to do this.

Which, the answer just above proved you wrong about your conclusion. Now, to PROVE you are wrong about the way you supposedly figured it out, but which I think you just got from the LOSING side in a case of 167 years ago!!!

From Lynch versus Clarke 1844, on your 1790 Naturalization Act thingy.

The provisions of the naturalization laws enacted by Congress, are urged [that means that the LOSING side lawyer tried to say this, but lost!] as decisive, that children born here of alien parents were not citizens. The act of 1802, § 4, declares that the children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject by the government of the United States, may have become citizens of any one of the states, under the laws thereof, being under the age of twenty-one years at the time of their parents being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States. (2 Story’s Laws of U. S. 852, 3.) A similar provision was enacted in the acts of 1790 and 1795. And the second section of the Act of 1804, provided that when any alien who had declared his intention, &c., should die before he was actually naturalized, his widow and children should be considered as citizens, and entitled to all the rights and privileges as such, upon taking the oaths prescribed by law. (2 ib. 943.) This section was repealed in 1828, (ch. 106.)—The acts make no distinction between children born here, and those born abroad, and it is said[by the lawyer for the LOSING side], this shows that none existed. That if, in fact, there had been any difference, the statutes would have provided only for the latter class.

The general words used, do not prove that general words were necessary. The statutes were necessary, and every part of them is fulfilled, although children born here were already citizens. They operate on the much larger class of the children of aliens, viz : those who were born abroad. With a law which admits aliens to naturalization after five years residence, the children that are born to them in the five years, will usually bear but a small proportion, to the number who come with their parents from abroad. It was just as necessary in the act of 1804, to have ditinguished between widows who were already citizens, and those who came here with their alien husbands. For a great many adult aliens come here single men, and marry citizens. Probably as great a proportion of the widows who are provided for in the general words of the Act of 1804, are native citizens, as the proportion of the whole number of children embraced by both acts, who are born here; yet no distinction respecting widows who are citizens, is made in the Act of 1804. And on this omission, the same argument urged [which means this is what the lawyer for the LOSING side tried to saythe law applied to the children but not the widows, which it didn't]relative to the children, will prove that all the widows of aliens must of necessity be aliens.

Upon the whole, the implication claimed from these statutes is not a necessary one, and cannot be raised to overturn an established legal principle.[ the established legal principle is THE COMMON LAW in the above post]

Sooo, now you have been PROVEN wrong on this part of YOUR argument, too. Sooo, with this part being WRONG, everything else you have been arguing is WRONG, too. Are YOU going to admit that you are WRONG, or are you going to pretend that the Judge didn't just clobber you to pieces with this??? Are you going to say something bad about the judge now, instead of just admitting you are wrong??? Are you going to start telling people here that this stuff you are saying was the LOSING side of a 167 year old law case, or are you going to lie to them and not tell them the truth about your argument???

it is way past time for you to stop fibbing about this stuff and trying to put one over on the people here, using lies and 167 year old LOSING arguments to try to keep Mark Rubio and Bobby Jindal from running for office. It is time for you to start behaving and repent all this stuff you have been doing. It is just plain WRONG.

385 posted on 10/16/2011 12:25:56 AM PDT by Squeeky ("Truth is so rare that it is delightful to tell it. " Emily Dickinson)
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To: Squeeky
Photobucket
386 posted on 10/16/2011 2:42:25 AM PDT by bushpilot1
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To: Squeeky
Professor Gilmore...Vattel is used in the Constitution regarding citizenship. Photobucket
388 posted on 10/16/2011 4:11:28 AM PDT by bushpilot1
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To: Squeeky
Do you see 212. Photobucket
389 posted on 10/16/2011 4:13:47 AM PDT by bushpilot1
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