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To: DiogenesLamp
Treasure trove??? Clarke versus Lynch, 1844. After all, that is where the Vattle Birthers get all their arguments, except the 14th Amendment one. From the LOSING side of a 167 year old case.

Meanwhile, on the WINNING side you find stuff like:

It may then be safely assumed, that at the Declaration of Independence, by the law of each and all of the thirteen states, a child born within their territory and ligeance respectively, became thereby a citizen of the state of which he was a native.

This continued unchanged to the time when our National Constitution went into full operation. There is no evidence of any alteration of the rule in any of the states during the period that intervened; and the references which will be made under another head, show conclusively that there had been no intermediate change in their policy.

and:

6. Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen. It is surprising that there has been no judicial decision upon this question. None was found by the counsel who argued this cause, and so far as I have been able to ascertain, it never has been expressly decided in any of the courts of the respective states, or of the United States. This circumstance itself, in regard to a point which must have occurred so often in the administration of justice, furnishes a strong inference that there has never been any doubt but that the common law rule was the law of the land. This inference is confirmed, and the position made morally certain, by such legislative, judicial and legal expositions as bear upon the question. Before referring to those, I am bound to say that the general understanding of the legal profession, and the universal impression of the public mind, so far as I have had the opportunity of knowing it, is that birth in this country, does of itself constitute citizenship.

428 posted on 10/17/2011 11:28:48 AM PDT by Squeeky ("Truth is so rare that it is delightful to tell it. " Emily Dickinson)
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To: Squeeky
Treasure trove??? Clarke versus Lynch, 1844.

Stuff like this is all I need to see to tell me that I should ignore the rest of what you write. A State case does not decide a Federal Issue. Even at that, the legislature of New York rectified the decision of Lynch v Clarke with subsequent legislation. A more defacto renunciation of the theory I cannot fathom.

You are in Mr. Rogers territory as far as i'm concerned. If you write a long message to me, i'm not going to bother reading it.

439 posted on 10/17/2011 1:11:58 PM PDT by DiogenesLamp
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