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

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

-----

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)
[ Post Reply | Private Reply | To 85 | View Replies ]


To: MamaTexan

You obviously don’t understand common law and precedent.

Your refutation is not on point and summarizes by saying that the legal precedent for the definition of “natural born” is not in Constitutional Law.

LOL. That’s because nobody of any legal merit has brought a case to bear at the Constitutional level. Which means you have to look at your “Birther” religion as not quite meeting the lofty status of your “legal degree” from the bubble gum machine you attained it.
_______________________

The Lynn case indeed, was used as precedent and authoritatively.

“The decision in Lynch v. Clarke was cited as persuasive or authoritative precedent in numerous subsequent cases, including In re Look Tin Sing,[38] on the issue of whether the child, born in the U.S., to two Chinese parents (who were prevented by federal law from becoming U.S. citizens) was a U.S. citizen, notwithstanding the nationality of his parents or the fact that he had traveled to China with them and not returned to the U.S. for many years. The federal court held in a decision written by U.S. Supreme Court Associate Justice Stephen J. Field) that he was a citizen by birth, and remained such despite his long stay in China, cited the decision in Lynch v. Clarke and described that case:

After an exhaustive examination of the law, the Vice-Chancellor said that he entertained no doubt that every person born within the dominions and allegiance of the United States, whatever the situation of his parents, was a natural-born citizen, and added that this was the general understanding of the legal profession, and the universal impression of the public mind.[39]


91 posted on 02/15/2013 11:39:34 AM PST by rbmillerjr (We have No Opposition to Obama's Socialist Agenda)
[ Post Reply | Private Reply | To 89 | 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