That you ignore Blackstone says a great deal about how weak your case is.
More to the point, NONE of your citations really hits the mark in the case at hand, RE: Rubio.
Dicta is not controlling. You do not know how to distinguish controlling facts from non controlling facts and statements by the Court.
“The fact is that these opinions are in the distinct minority. And in the rare instance when a judge has said that a NBC must have parents who are citizens, it has not been part of the decision in the case. Such comments have been gratuitous or “dictum,” as the lawyers say. That is, not necessary to the actual holding in the case.
Previous Court Scenarios
Where the issue has been squarely before a court, the result has been otherwise. In Lynch v Clark, decided in 1844, the issue was the right to inherit. The New York court held that the child, born in the U.S. of British subjects, could inherit because she was a NBC. In 1898 the Supreme Court in U.S. v Wong Kim Ark held the same way. Those cases are still good law today. These courts relied upon , in part, the English common law in deriving the intent of the Founders and pointed out that in England being born on English soil was sufficient for citizenship. The statements of James Madison, for one, make it clear that the Founders had no intention of deviating from the common law in this regard. This is further supported by official opinions of our nation’s Attorney Generals going back several years.
Finally, the 14th Amendment was ratified in 1868, which states, in part: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside.” Reading this together with Article 2 would indicate that the additional “natural born” requirement of Article 2 for a citizen to be eligible to be president meant that being “naturalized” would not suffice. He must be born here.
In 2011 the Congressional Research Service accurately stated, “The weight of legal and historical authority indicates that the term “natural born” citizen would mean a person who is entitled to U.S. citizenship “by birth” or “at birth” …by being born in the United States and under its jurisdiction, even those born to alien parents…”
While the Supreme Court has never directly addressed the question of a specific presidential candidate’s eligibility as a NBC, it is inconceivable that the Court would depose a president who was born on American soil. Some people love to excite and stir us up but we have an election coming up, folks. May I suggest that we resist the temptation to chase every rabbit that comes down the trail and focus, instead, on that?
Fred Thompson
From the Thread Article
Wrong nimrod. LoL. Vattel, who wrote the Law of Nations was the guiding light for the Founders - not Blackstone.
And Blackstone and Vattel do agree on natural born. Read carefully.
"William Blackstone, Commentaries 1:354, 357–58, 361–62
1765
“Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the ligeance, or as it is generally called, the allegiance of the king; and aliens, such as are born out of it.. . .
“When I say, that an alien is one who is born out of the king’s dominions, or allegiance, this also must be understood with some restrictions. The common law indeed stood absolutely so; with only a very few exceptions: so that a particular act of parliament became necessary after the restoration, for the naturalization of children of his majesty’s English subjects, born in foreign countries during the late troubles. And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once. ...
To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king,…might inherit as if born in England: and accordingly it hath been so adjudged in behalf of merchants. "
Tsk tsk... you shouldn't be reading those OBot blogs. They have a tendency to lie to themselves and everyone else.
Dicta is not controlling. You do not know how to distinguish controlling facts from non controlling facts and statements by the Court.
LoL again...
In Minor v. Happersett, the Supreme Court directly construed that US Constitution Natural Born Citizen clause and NOT the 14th Amendment. That's a holding and not dicta.
However, in Wong Kim Ark v. US, Gray cited Blackstone as dicta and construed the 14th Amendment to find Ark only as a citizen.