You need to read beyond the title of a book to know it's contents, and you need to read beyond the title to know the text of 8 U.S.C 1401. That section of the United States Code has been cited thousand of times since 1952 in defining citizenship and nbc.The first clause of section 1401 states that if a person is born in the US, that person is a citizen. If you are a born citizen, then you are a nbc. Whether you and your birther buddies want to acknowledge that legal truism or remain in birther fantasyland is up to you. The entire US judiciary, legislative branches and everyone outside of birtherland use that definition.
The sole issue in Minor v Happersett was whether women gained the right to vote pursuant to the 14th Amendment. Any text in the decision regarding citizenship is pure dicta and cannot be used for precedent in a subsequent case. SCOTUS even in the decision states it is not resolving any citizenship issue. WKA decided 20 years later resolved the nbc issue and has been leading precedent for the past 100+ years. Chief Justice Howard Taft (and former Republican President) in 1927 referred to WKA as a “learned and very useful opinion.” WKA is case that has been cited approvingly and favorably thousands of time on the nbc issue and Minor has NEVER been cited for the definition of nbc.
It is time conservatives unite to defeat Obama. This birther garbage is not only a distraction, it also is being used to wrongly sidetrack one of our candidates (Marco Rubio) from running on the Presidential ticket next year. Birthers are only helping re-elect Obama with their bogus argument.
points out exactly the errors you make.
.... First, they argue that the definition of a “natural-born citizen” given by the Court is dicta and therefore not binding precedent. But they are wrong......
...The lack of any reference to “natural born” Citizen in Wong Kim Ark’s question presented and holding is critical given that in the opinion itself, the Court said that “[the child of an alien, 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.” Hence, the Court held that Wong, a person born of aliens in the United States, was a “citizen,” since he was “as much a citizen as the natural-born child of a citizen." Indeed, the Court acknowledged that one type of national character is a “citizen,” who is born in the country to “an alien,” and the other type is a “natural born citizen,” who is born in the country to “a citizen.”...
I am quite familiar with the Mcarran-Walther Immigration Act of 1952 (effective 12-24-52). So we are to let a foundling of unknown parentage be considered a Natural Born Citizen and become President of the US? I see you have the liberal talking points down pat and you still won't answer my question are you a retread? What was your previous screen name? Since everything is so crystal clear to you why the attempts by Congress to change the requirement of NBC to be President? It does not make sense. Why the Justia tampering? Why the hidden school passport and other records? Why the failure to show a BC until he could no longer ignore it and then presented a false BC? Where there is smoke there is fire.