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To: SvenMagnussen

This is a very oversimplified way to evaluate the holding in a Supreme Court decision. The method for reaching the decision is often just as important or more important than the judgment on the question. A good example of this is the “lemon test” from Lemon v. Kurtzman, where a test was development for judging the establishment clause. In defining NBC, we have what amounts to a “Minor test” for which there is no higher legal alternative.


135 posted on 01/19/2012 10:06:36 PM PST by edge919
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To: edge919

Minor is an 1874 case. Schneider v Rusk is a 1964 which clearly outlines the rights and obligations of the legislature with respect to naturalization and the rights delineated in the Constitution with respect to US citizenship.

It is clear in subsequent case law Natural Born Citizen status is undefined and SCOTUS has determined it can only be defined with a Constitutional Amendment.

Leo ignores case law in the late 20th Century because it doesn’t fit his agenda.


151 posted on 01/20/2012 6:00:31 AM PST by SvenMagnussen (PSALMS 37:28 For the LORD loves justice and does not abandon the faithful.)
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