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

To: DaveTesla
The Congressional enactment of 1952 gives rise to the further question as to whether Congress has any authority whatsoever or any rational reason whatsoever to distinguish between four years' and five years' prior US residency after the age of 14 and as part of ten years' minimum residency in the United States on the part of a citizen such as Ms. Dunham. It seems as unlikely that any court today would validate such a distinction any more than it would validate a distinction based upon the mother having red hair or being right-handed or having worked on a farm or whatever.

The remarks of Mr. Bingham and of Senator Pinckney, by well-recognized and objective judicial principles of statutory interpretation are mere "legislative history" relevant and cognizable by the courts ONLY where there is some facial ambiguity in the language of the enactment itself (i.e. the 14th Amendment). Otherwise the law (the 14th Amendment in this case) says what it means and means what it says regardless of Congressional intent.

Also, there are privately employed American citizens who are effectively permanently residing in other nations who nonetheless enjoy the same rights as any other citizen. The execrable Lowell P. Weicker, Jr., was born in Paris, France, to parents who were American citizens in Paris on business. The late George Romney was born in Mexico in circumstances suggesting his parents' intention to remain there in protest of Congressional requirements that Utah outlaw polygamy as a condition ofd admission as a state to the Union. Each ran unsuccessfully for President but citizenship was not seriously questioned in either case.

205 posted on 08/21/2010 10:24:12 AM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Burn 'em Bright!)
[ Post Reply | Private Reply | To 196 | View Replies ]


To: BlackElk; All

“Otherwise the law (the 14th Amendment in this case) says what it means and means what it says regardless of Congressional intent.”

Ignoring “original intent” is the reason so many good things have been preverted to bad things in regards to both the constitution and laws enacted.


206 posted on 08/21/2010 11:53:48 AM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
[ Post Reply | Private Reply | To 205 | 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