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To: Mr Rogers

Your c&p post supports my argument, not yours. Unless you break it down with specifics that you can use to actually support your point, you’ve done nothing more than illustrate that you’re an expert at wasting bandwidth on an internet site.


722 posted on 10/16/2010 12:34:58 PM PDT by edge919
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To: edge919

OK. Back in post 462, you challenged the idea that “Also, the Supreme Court REJECTED the idea that English COMMON LAW supported someone being born overseas as being a NBS, or even a subject. See Section 4 in WKA.”

Since a page was too much reading, lets look at a handfull of sentences:

“Both in England and in the United States, indeed, statutes have been passed at various times enacting that certain issue born abroad of English subjects or of American citizens, respectively, should inherit, to some extent at least, the rights of their parents. But those statutes applied only to cases coming within their purport, and they have never been considered in either country as affecting the citizenship of persons born within its dominion.”

Not common law, but specific statutes affecting those born overseas.

Later, they write, “It has sometimes been suggested that this general provision of the statute of 25 Edw. III was declaratory of the common law. See Bacon, arguendo, in Calvin’ Case, 2 Howell’s State Trials, 585; Westlake and Pollock, arguendo, in De Geer v. Stone, 22 Ch.D. 243, 247; 2 Kent Com. 50, 53; Lynch v. Clarke,1 Sandf.Ch. 583, 659, 660; Ludlam v. Ludlam, 26 N.Y. 356. But all suggestions to that effect seem to have been derived, immediately or ultimately, from one or the other of these two sources: the one, the Year Book of 1 Ric. III, (1483) fol. 4, pl. 7, reporting a saying of Hussey, C.J.,

that he who is born beyond sea, and his father and mother are English, their issue inherit by the common law, but the statute makes clear, &c.,

— which, at best, was but obiter dictum, for the Chief Justice appears to have finally rested his opinion on the statute.”

and:

” Mr. Binney, in his paper above cited, after a critical examination of the statute and of the early English cases, concluded:

There is nothing in the statute which would justify the conclusion that it is declaratory of the common law in any but a single particular, namely in regard to the children of the King; nor has it at any time been judicially held to be so. . . . The notion that there is any common law principle to naturalize the children born in foreign countries, of native-born American father and mother, father or mother, must be discarded. There is not, and never was, any such common law principle.”

I hope that is not too much reading to establish that, as I said, “...the Supreme Court REJECTED the idea that English COMMON LAW supported someone being born overseas as being a NBS, or even a subject.”


727 posted on 10/16/2010 2:18:21 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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