Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: sometime lurker
“The claim that Minor v Happersett defines NBC is far more tenuous than the clear statement in Rogers v. Bellei.”

Links to an citations to that case as making a clear statement on NBC definition, please.

Rogers v. Bellei, a case about a foreign born child with a US citizen father, concerns a fact pattern having nothing to do with Barry or the definition of NBC. None of Barry's attorneys have ever cited to that case (feel free to prove me wrong) and Malihi and the Ankeny court did not cite to it.

53 posted on 02/17/2012 7:14:02 PM PST by Seizethecarp
[ Post Reply | Private Reply | To 50 | View Replies ]


To: Seizethecarp
The clear statement is the one I've already quoted for you:
We thus have an acknowledgment that our law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.
I expect you already know this: in English common law, "born on the soil" (jus soli) makes a natural born subject. In Rogers v. Bellei it was stated that US law follows that system, so "born on the soil," (with the usual exceptions) makes a natural born citizen.

Distinguish this from Minor, where it was acknowledged there was doubt, and clearly stated the case was not going to resolve that doubt.

54 posted on 02/17/2012 7:54:47 PM PST by sometime lurker
[ Post Reply | Private Reply | To 53 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson