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To: DaveTesla; STE=Q; editor-surveyor; Velveeta; little jeremiah
Here is an article from "The American Law Review" dated Sept./Oct. 1884. Supreme Court Justice Oliver Wendel Holmes was one of the founder of the prestigious journal.

Title - ARE PERSONS BORN IN THE UNITED STATES IPSO FACTO CITIZENS THEREOF?

It was authored by George Collins. Attorney Collins was the Secretary of the California Bar Association

An excerpt:

"Section 1 of the Fourteenth Amendment to the Constitution so far as it relates to this question, and which is but declaratory "All persons born, or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."

The phrase in the above section "subject to the jurisdiction thereof" does not mean territorial jurisdiction ; that is the jurisdiction which a nation possesses over those who are its citizens or subjects as such. The phrase used in the constitution was intended to have a negative operation; that this is true, and that territorial jurisdiction was not meant, is evident from section 1992, which is a part of section 1, of what is known as the "Civil Rights Bill," and which was enacted by the same Congress which framed and proposed the Fourteenth Amendment to the constitution; that section is as follows: "All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States." "

http://www.scribd.com/doc/19071886/Are-Persons-Born-Within-the-United-States-Ipso-Facto-Citizens-Thereof-George-D-Collins

For learned men of the time of when the 14th Amendment was adopted, understood what "subject to the jurisdiction thereof" meant.

526 posted on 02/08/2010 11:55:20 PM PST by Red Steel
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To: Red Steel

Thanks for the ping!

Good article, has Bill Ayers (wiggins) weighed in on it yet?


530 posted on 02/09/2010 9:09:03 AM PST by editor-surveyor (Democracy, the vilest form of government, pits the greed of an angry mob vs. the rights of a man)
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To: Red Steel

You do know that the author of this article was the losing attorney in Wong Kim Ark, right? He used these same arguments in front of the US Supreme Court and they tossed him out on his ear.


533 posted on 02/09/2010 10:41:28 AM PST by EnderWiggins
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To: Red Steel
Oh... and one more thing.....

"It was authored by George Collins. Attorney Collins was the Secretary of the California Bar Association."

Not when he wrote that article. At that time he was not even "Attorney Collins" yet. He was just a law student.

And yes, it is true that he eventually became the Secretary of the California Bar Association. So it must be equally relevant that he also eventually became a convicted felon who (after briefly becoming an international fugitive) ended up running the jute mill in San Quentin Prison.
535 posted on 02/09/2010 10:51:18 AM PST by EnderWiggins
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