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To: MamaTexan

Lynn v. Clark in regard to “natural born”

Although eligibility for the Presidency was not an issue in any 19th-century litigation, there have been a few cases that shed light on “natural-born citizen”. The leading case is Lynch v. Clarke,[35] which dealt with a New York law (similar to laws of other states at that time) that only a U.S. citizen could inherit real estate. The plaintiff, Julia Lynch, had been born in New York while her parents, both British, were briefly visiting the U.S., and shortly thereafter all three left for Britain and never returned to the U.S. The New York Chancery Court determined that, under common law and prevailing statutes, she was a U.S. citizen by birth and nothing had deprived her of that citizenship, notwithstanding that both her parents were not U.S. citizens or that British law might also claim her through her parents’ nationality. In the course of the decision, the court cited the Constitutional provision and said:

Suppose a person should be elected president who was native born, but of alien parents; could there be any reasonable doubt that he was eligible under the Constitution? I think not. The position would be decisive in his favor, that by the rule of the common law, in force when the Constitution was adopted, he is a citizen


85 posted on 02/15/2013 9:09:04 AM PST by rbmillerjr (We have No Opposition to Obama's Socialist Agenda)
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To: rbmillerjr
Lynn v. Clark... a State decision decided underconcerning property ownership?

Seriously? And still link-less to boot!

BTW;

that by the rule of the common law, in force when the Constitution was adopted, he is a citizen

British common law ceased to exist in the country once the Constitution was adopted. That's WHY the Founders needed the special 'at the time of its adoption' provision

Fifthly. … That neither the articles of confederation and perpetual union, nor, the present constitution of the United States, ever did, or do, authorize the federal government, or any department thereof, to declare the common law or statutes of England, or of any other nation, to be the law of the land in the United States, generally, as one nation; nor to legislate upon, or exercise jurisdiction in, any case of municipal law, not delegated to the United States by the constitution.
View of the Constitution of the United States - the first legal treatise written after Constitutional Ratification

While it is a perfectly legitimate function of a State to decide whether or not a alien can hold land -

Until these rights are attained, the alien resident is under some disadvantages which are not exactly the same throughout the Union. The United States do not intermeddle with the local regulations of the states in those respects. Thus an alien may be admitted to hold lands in some states, and be incapable of doing so in others. On the other hand, there are certain incidents to the character of a citizen of the United States, with which the separate states cannot interfere.
William Rawle, View of the Constitution of the United States - the second legal treatise written after Constitutional Ratification

It is NOT within the jurisdiction of a State to 'determine' an alien is eligible to be President of the United States. Why? Because it is not within the State's JURISTICTION, just as it is not within the jurisdiction of the federal government to redefine the term natural born contrary to its original meaning.

"Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866.

center column halfway down
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11%20

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Again, you present an analogous argument that looks good on the surface but disintegrates once held under the lens of applied Constitutional Law.

89 posted on 02/15/2013 9:55:30 AM PST by MamaTexan (To follow Original Constitutional Intent, one MUST acknowledge the Right of Secession)
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