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To: DiogenesLamp

Six 19th century Justices ruled that Wong Kim Ark was a natural born citizen. 2 Justices disagreed.
The plaintiffs asked the Justices to decide: “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?”

“To hold that Wong Kim Ark is a natural-born citizen within the ruling now quoted, is to ignore the fact that at his birth he became a subject of China by reason of the allegiance of his parents to the Chinese Emperor. That fact is not open to controversy, for the law of China demonstrates its existence. He was therefore born subject to a foreign power; and although born subject to the laws of the United States, in the sense of being entitled to and receiving protection while within the territorial limits of the nation—a right of all aliens—yet he was not born subject to the ‘political jurisdiction’ thereof, and for that reason is not a citizen. The judgment and order appealed from should be reversed, and the respondent remanded to the custody of the collector.”—Governmnt’s Brief, U.S. V Wong Kim Ark


242 posted on 04/13/2016 3:58:20 PM PDT by Nero Germanicus
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To: Nero Germanicus
Six 19th century Justices ruled that Wong Kim Ark was a natural born citizen.

I believe the holding was that he was a "citizen." The words "natural born" do not seem to be written in their holding. I have pointed out that in those days ink was cheap, and if they omitted the words "natural born" then it was their intention to do so.

The plaintiffs asked the Justices to decide: “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?”

Yes, yes, all of that may very well be true, but is seemingly irrelevant to the point.

Wong Kim Ark says that anyone born outside the geographical jurisdiction of the United States can only be a naturalized citizen.

It would seem that Wong Kim Ark, a case you and others have cited so many times as the "authority" on this sort of issue, does not favor the case of anyone born outside of the United States.

251 posted on 04/14/2016 6:44:19 AM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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