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To: Squeeky
Sorry, squeeks, BUT you're NOT being sincere. You need to go to the ORIGINAL SOURCE, which is Wong Kim Ark (which is noted in my previous post), and then go back to the beginning of the cited paragraph and not just one sentence prior:
The Fourteenth Amendment of the Constitution, in the declaration that
all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,
contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution.

Do you UNDERSTAND what this is saying?? This is talking ONLY about the 14th amendment, which is part of the Constitution. Remember: the court already said in this same decision that the Constitution does NOT say who shall be NBCs. This paragraph says the Constitution via the 14th amendment contemplates two SOURCES of citizenship. One is naturalization, but this type of citizenship is not defined nor controlled by the 14th amendment but by Congress, while the source of "citizenship by birth" is defined ONLY by the 14th amendment and not by Congress. IOW, this makes an even STRONGER distinction between NBC and citizenship by birth, than I originally explained. Thanks for stabbing your own argument in the foot.

125 posted on 10/04/2011 6:57:51 AM PDT by edge919
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To: edge919

You are wrong again. Plus, I am getting better and better every day at all these court cases thingies and there is no difference between the 14th and NBC. I just clobbered a Vattle Birther WITH LOGIC at another place who tried this same thing, plus I even found a Secret Book last night that I don’t think even the Obots know about and it was VERY helpful!!! Sooo, here is what I said to that Vattle Birther WITH quotes from law cases:


You said: We are then left simply with the question as to whether the 14th amendment changed article II to add the privilege of holding the Office of President to those who were of alien ancestry but fortunate enough to be born in the United States.

No we aren’t. It is obvious the Courts read the 14th and NBC as meaning the same thing. Where O Where do if find this information???
...
FIRST, in Federal law BEFORE Wong Kim Ark, in Ex Parte Chin King in 1888:

” By the common law, a child born within the allegiance—the jurisdiction—of the United States, is born a subject or citizen there­of, without reference to the political status or condition of its parents. McKay v. Campbell, 2 Sawy., 118 ; In re Look Tin Sing, 10 Sawy., 353 ; 21 Fed. Rep., 905; Lynch v. Clarke, 1 Sandf. Ch., 583. In the latter case it was held that Julia Lynch, who was born in New York in 1849, of alien parents during a temporary sojourn by them in that city; and returned with them the same year to their native country, where she resided until her death, was an American citizen.

“The vice-chancellor, after an exhaustive examination of the law, declared that every citizen born within the dominion and allegiance of the United States was a citizen thereof, without reference to the situation of his parents.

” This, of course, does not include the children born in the United States of parents engaged in the diplomatic service of foreign gov­ernments, whose residence, in contemplation of public law, is a part of their own country.

“THE RULE OF COMMON LAW ON THIS SUBJECT HAS BEEN INCORPORATED INTO THE FUNDAMENTAL LAW OF THE LAND.

” The fourteenth amendment declares : persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside.’


SECOND, in Wong Kim Ark in 1898:

The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The 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 Rep. 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.”


Third, after Wong Kim Ark in 2009 in the Indiana Case:

Section 1 of the Fourteenth Amendment to the U.S. Constitution governs who is a citizen of the United States. It provides that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States . . . .” U.S. CONST. amend XIV, § 1. Article II has a special requirement to assume the Presidency: that the person be a “natural born Citizen.” U.S. CONST. art. II, § 1, cl. 4. The United States Supreme Court has read these two provisions in tandem and held that “[t]hus new citizens may be born or they may be created by naturalization.”


Sooo, NO!!! You are just WRONG.


129 posted on 10/04/2011 10:36:40 AM PDT by Squeeky ("Truth is so rare that it is delightful to tell it. " Emily Dickinson)
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