I stated that Ark ONLY declared him to be a citizen under the 14th Amendment - BUT that the dicta contained within it noted [NOT STATED] that English Common Law ALWAYS considered children born in England to aliens were natural-born. If you want me to quote the dicta, I can - but trust me, the reference is there.
Dicta DOESN'T mean squat in a legal ruling [although supporters of Obama would like to think so in Ark].
My point was that supporters of Obama INCORRECTLY state that NBC is settled law [from the Ark ruling] ...
I was just pointing that misconception out ...
BTW: I KNOW about the Justia thing ...
You know squat!
It’s a holding, you fool, not dicta!
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The US Supreme Court in Ex Parte Lockwood, 154 U.S. 116 (1894) held:
“In Minor v. Happersett, 21 Wall. 162, this court held that the word ‘citizen’ is often used to convey the idea of membership in a nation, and, in that sense, women, if 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 of the constitution as since…”
Justice Horace Gray who wrote the opinion in Wong Kim Ark was on the Court for Lockwood. Minor continues to be cited as good law for 100 years on both the definition of federal citizenship under A2 S1, and voting rights, and it is beyond question controlling law. Minor was not decided under the 14th Amendment’s citizenship clause.
When the SCOTUS in Lockwood said…
“In Minor v. Happersett…this court held…”
it was a direct recognition of stare decisis on the federal citizenship issue.
The Court construed A2 S1 and determined that Minor, having been born of citizen parents within the US, was a citizen BEFORE the adoption of the 14th Amendment and further held that she did NOT derive her citizenship from that amendment.
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Leo Donofrio - naturalborncitizen: 1, November 14, 2011 at 10:42 pm. See:
http://jonathanturley.org/2011/10/23/holdings-dicta-and-stare-decisis/#comment-289930