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To: jamese777
Has any court referenced Minor v Happersett but used Wong Kim Ark as guiding precedent to rule that Obama is a natural born citizen? Let me answer that for you: “YES!”

Why didn't you name it and provide a link to more info on it then?

398 posted on 03/28/2011 3:19:21 PM PDT by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: TigersEye

Why didn’t you name it and provide a link to more info on it then?


Because the “doubts” that were mentioned in Minor v Happersett were cleared up in 1898 with the decision in Wong Kim Ark, which is what I was talking about.

“The term “citizen,” as understood in our law, is precisely analogous to the term “subject” in the common law, and the change of phrase has entirely resulted from the change of governments” hence “subject and citizen are, in a degree, convertible terms as applied to natives.” Accordingly, “[a]ll persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . . We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution.”

[the natural born citizenship clause] “assumes that citizenship may be acquired by birth. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth.”

The [14th] amendment, in clear words and in manifest intent, includes the children born within the territory of the United States of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. His allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke in Calvin’s Case, 7 Coke, 6a, ’strong enough to make a natural subject, for, if he hath issue here, that issue is a natural-born subject’; and his child, as said by Mr. Binney in his essay before quoted, ‘If born in the country, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle.’
US v Wong Kim Ark (1898)


405 posted on 03/28/2011 4:58:03 PM PDT by jamese777
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