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To: Nero Germanicus
The federal government’s attorneys in U.S. v. Wong Kim Ark asked the Supreme Court in 1898 to answer the question: “Are Chinese children born in this country to share with the descendants of the patriots of the American Revolution the exalted qualification of being eligible to the Presidency of the nation, conferred by the Constitution in recognition of the importance and dignity of citizenship by birth?”

Sorry, NO.

Two quotes from the U.S. v. Wong Kim Ark ruling:

"The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution"

And...

"The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States."

The question of record asked of and answered by the Supreme Court in 1898 was whether whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution

Parents having an established permanent domicile in the U.S. at the time of one's birth in the U.S. is a requisite condition of 14th Amendment birthright citizenship.

122 posted on 08/29/2013 11:59:33 AM PDT by Rides3
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To: Rides3

What can I tell you? U.S. v. Wong Kim Ark has been settled case law for the last 115 years and it was used as precedent to rule on the constitutional eligibility of Obama.

One more time: Tisdale v Obama, US District Court Judge John A. Gibney, Jr.: “It is well settled that those born within the United States are natural born citizens.”— Tisdale v Obama, US District Court of the Eastern District of Virginia, January 23, 2012.
http://www.scribd.com/doc/82011399/Tisdale-v-Obama-EDVA-3-12-cv-00036-Doc-2-ORDER-23-Jan-2012

Neither U.S. v. Wong Kim Ark nor Tisdale v. Obama were appealed so the decisions stand.
Additionally:
Ankeny v Daniels, Indiana A three judge panel of the Indiana Court of Appeals ruled unanimously: “Based on the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the United States are ‘natural born citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.”—Indiana Court of Appeals, November 12, 2009
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf


124 posted on 08/29/2013 12:41:03 PM PDT by Nero Germanicus
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