“In Minor v. Happersett and U.S. v. Wong Kim Ark.”
Okay, that’s why I asked why the post I was responding to only mentioned Minor.
“Both courts and ALL 18 justices voted on the same definition of natural-born citizen.”
They didn’t define NBC status, at least not exhaustively. I defy you to quote them saying native borns are not natural born.
“Yes, actually they did, because they said the 14th amendment, which applies to ‘native borns’ of resident aliens, does NOT say who shall be natural-born citizens.That definition comes from outside the Constitution in a self-limiting defintion”
No, the 14th amendment does not define who’s an NBC. It defines people born on U.S. soil and subject to the jurisdiction of U.S. law as citizens. Combine that with our knowledge that, among other things, there is no such class as born but not natural born citizens, and we know that NBCs are born citizens.
Yes, they DID define NBC "exhaustively" ... Justice Waite gave every known way to become a citizen in the United States including naturalization of alien men, women and minors. Only one set of circumstances was defined as natural-born citizen: "all children born in the country to parents who were its citizens." They used this definition to reject Virginia Minor's argument of being a citizen by virtue of the citizen clause of the 14th amendment. What other purpose did it serve to say anything about children of citizen parents when Minor didn't claim to be born to citizen parents??
The Preamble defines who is a natural-born citizen.
PreambleWe the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
"We the People" are citizens of the United States. "Our Posterity" are the natural born who follow -- the children of the People. The Constitution was "ordained and established" to "secure... Liberty" to its citizens and their children.
Whom else was the Constitution established to secure, if not the citizen People and their citizen children?
How else would the Founders attempt to secure the United States of America if not by limiting the qualifications for the highest office to the People and their Posterity that was the reason for establishing the Constitution in the first place?
That language seems plain enough to me. The whole Constitution must be read within the context of the purpose as stated by the Framers in the Preamble: the Constitution was framed specifically to ensure the country to its people and their children - the natural born of the country.
If you are an alien who becomes a naturalized citizen, you become one of We the People, and then your children that follow become the nation's posterity.
Natural-born citizens are the nation's "posterity" that the Constitution was ordained and established to secure.
-PJ
Define NBC status "exhaustively"? They gave the definition, mentioning other classes whose "citizenship" status is in doubt. What part of judicial restraint don't you understand?
"I defy you to quote them saying native borns are not natural born."
That is one of the worst bs strawman arguments I've ever seen at FR, and that includes ones by "squeeky". The Court in Minor gave a definition of what IS a NBC. All others, by (non) definition, are IN DOUBT.