Agreed.
The others concurred with the opinion,
Except for the two dissenters, who apparently explicitly objected to the NBC part of the opinion.
NOTICE THAT THEY DECLARED HIM A CITIZEN UNDER THE 14TH AMENDMENT AND NOT A NATURAL BORN CITIZEN.
That is because the case did not involve the question of whether Wong Kim Ark was a NBC for the purposes of running for president. Also in those days it was undoubtedly inconceivable that someone like the plaintiff would ever have a chance to become POTUS. Note that the dissenters included racial reasoning among their other arguments.
IF GRAY HAD INSISTED ON DECLARING HIM AN NBC, HE WOULD NOT HAVE GOTTEN A MAJORITY - SINCE THE OTHER JUSTICES WOULD NOT HAVE VOTED WITH HIM,
But six other justices did sign off on an opinion that, without explicitly declaring him so, clearly implies that Wong Kim Ark was a NBC.
" ... The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such ..."
Blackstone admits that there are exceptions - notably, Denizens ...
Obama is a Denizen
If you look up the definition of denizen, it is very clear that Obama is not a denizen.
BTW I am not arguing that Obama is a NBC. I was only pointing out that anyone bringing a case on this subject would at least have to overcome some of the arguments made in the Wong Kim Ark majority opinion. Perhaps that is not so difficult.
To: wideminded; All
I have heard that 'All' does not cause anyone to be pinged.
That’s correct. Nully created the “All” account a long time ago. There’s also “y’all” which is my personal favorite.
Yeah. It's just a dummy name to show that the reply isn't necessarily directed an a single individual, but is of interest to anyone on the thread.
It, "y'all" and "no one in particular" didn't work as perfectly as I'd intended.
OTOH, I suppose that if one could page all of FReeperdom that easily it would quickly get very annoying.
(The Mod Squad stopped me before I could create "The author of the article". I was on a roll that day)...
HAVE VOTED WITH HIM,
But six other justices did sign off on an opinion that, without explicitly declaring him so, clearly implies that Wong Kim Ark was a NBC.
Implied don't mean squat - if it isn't explicitly stated in the opinion - then it ain't the opinion.
Ark was ONLY declared a citizen - not a natural born citizen, based on the 14th Amendment.
Why you may ask - I am sure this is the reason ...
Gray wanted to declare ARK as NBC - but the justices who ended up concurring in the opinion balked. They said no - citizen yes, NBC NO !!!
So, Gray was left with a decision - half a loaf (Ark is a citizen) or none (Ark is NBC). He chose half a loaf. OTHERWISE, if the concurring justices agreed, the opinion would have EXPLICITLY stated that Ark was NBC in the last paragraph.
FYI: All of the background cited in the opinion is just that - BACKGROUND. It IS NOT the ruling itself. The ruling IS the last paragraph and states CITIZEN, NOT NBC ...