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

To: Nero Germanicus
There has not been a serious challenge to the ruling in Wong since 1898.

Perhaps it's time there was a challenge, as it contains rather serious factual errors in some of the assumptions that are stated.

Such challenges, however, wouldn't be necessary if we all would take the Supreme Court at their word:

"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."

139 posted on 08/29/2013 2:41:58 PM PDT by Rides3
[ Post Reply | Private Reply | To 137 | View Replies ]


To: Rides3

The current Supreme Court has been presented with numerous (20) attempts to challenge Barack Obama’s natural born citizen status (not all of those attempts are based on challenges to the holding in Wong Kim Ark ). The current Supreme Court has shown no interest in this issue.


147 posted on 08/29/2013 6:05:00 PM PDT by Nero Germanicus
[ Post Reply | Private Reply | To 139 | View Replies ]

To: Rides3
"... 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"

With respect to citizenship rights, the rights of the native born are enumerated in the 14th Amendment. Under the 5th Amendment, the Equal Protection Clause, it is unconstitutional to distinguish between a Naturalized U.S. Citizen and a Native born citizen; with one exception, only a Natural born citizen is eligible for POTUS and VP under Article 2 of the Constitution.

The Tenth Circuit Court of Appeals has opined there is not right of a U.S. Citizen to be classified as a Natural born citizen. Classification of some U.S. Citizens as Natural born, while denying other U.S Citizens the same classification due to their circumstance of obtaining U.S. Citizenship would violate the 5th Amendment. Consequently, no U.S. Citizen as a right to be classified as a Natural born citizen.

Consequently, the only way to determine who is eligible for POTUS is to determine who is not eligible. U.S. Citizens who obtained their U.S. Citizenship through statute, the Immigration and Naturalization Act, are not 14th Amendment U.S. Citizens and cannot be eligible for POTUS. Although it is undefined, SCOTUS has opined Natural born citizenship status is a subset of the native born. Not all native born are natural born citizens, but most are. Children of diplomats born in the U.S. are native born person, but they are not Natural born citizens because they are not U.S. Citizens.


149 posted on 08/29/2013 7:23:46 PM PDT by SvenMagnussen (1983 ... the year Obama became a naturalized U.S. citizen.)
[ Post Reply | Private Reply | To 139 | 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