Just like every gun right case prior to Heller had no application to personal gun rights to self-protection?
No. Minor has no application here. As a legal proposition, it is not precedent; the ancestry of the parties had nothing to do with the result and Article II of the Constitution was not at issue. The commentary about parents is dicta.
No, nothing to do with Heller either. There was clearly a division on the question of the application of the Second Amendment. And the parties spent a great deal of money and effort setting up a sound factual case on which to present the legal issue.
And the politics are also instructive. A strong majority of Americans think the Second Amendment guarantees their right to keep and bear guns.
A strong majority of American's thought Zero should be President. If the law were clearly to the contrary, the Court would take an opportunity and hear the case and throw him out. It is clear that the Court does not think that is the state of the law and the facts.
There is another undercurrent in operation here. There isn't any doubt that the only issue is place of birth. And it appears to me that certain people--Roger Ailes; John Roberts; Dick Cheney; a number of others (relatives of some of the players); know that in fact, zero was born in the US. That is the primary reason no one is paying attention to this issue.
Now whether that knowledge is factually sound or not may be another question. We are entitled to pursue the issue to find out.
The Liberal Bar, as you say, has a consensus that the NBC language in MvH is dicta, but the Liberal Bar also had a consensus that the right to keep and bear arms was a right only of well regulated state militias and NOT an individual right.
No. You need to read more carefully--I didn't say anything about consensus or opinion. The parent language in Minor is dicta.
And wrong again, there was a clear division in the view of the Second Amendment and an in fact division among the circuits.
"unfortunately there is some legal record that indicates that there is a birth record for him in the United States (not in the state of Hawaii)."
David, resources are always available from this group. What do you need?
and...I see from above post #1229 that you think certain people believe that O was born in country...but what's this about ("not in the state of HI")
...could you be suggesting "on the Island of HI BEFORE it became a State"...some of us have entertained the possibility that O was born prior to HI being admitted into the USA.....that would explain lack of pictures, verifiable dates, and a good reason for G'maw to start working on his false papers when he was very young...
So you say.
But lawyers disagree all the time...witness the 5-4 decisions frequently on SCOTUS cases including cases on what is or is not dicta!
Only the SCOTUS opinion on whether the parent language in Minor is dicta will ultimately matter, not your individual opinion, IMHO.
We may not have long to wait, if Obama continues to obstruct legitimate eligibility litigation.