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To: philman_36

That paper is very popular and is cited in many modern books & law reviews on the history of citizenship


440 posted on 02/08/2012 12:24:16 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: patlin
By researching “out of the box” that’s how.
You're slaying me! LOL
442 posted on 02/08/2012 12:35:24 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: patlin
That paper is very popular and is cited in many modern books & law reviews on the history of citizenship
Well since I can't seem to find it online, and even though I see numerous instances of it in footnotes, I have to ask...how does it read? Good, bad...trash can liner?

On to other things...
Therefore, as Supreme Court Justice Waite, in Minor v Happersett, as well as Justice Grey, in Elk v Wilkins concluded, there are but two paths the citizenship, either by birth or by statute. Children who are born to an alien father/mother on US soil, are citizens by statute, not by birth.
I completely agree with your second sentence. USC 8 (statute) governs aliens and naturalization.

So here is where you need to lead me by the hand...
If birth and statute are the "only" two ways to citizenship then where does the 14th Amendment fall? It's not a "statute" as it's an amendment to the Constitution.
Why did even Justice Waite have to first consider whether or not Minor fell under that amendment in ascertaining her citizenship status?
Is it that the principle of "jus solis" alone is the determining factor in order for the 14th Amendment to apply?

447 posted on 02/08/2012 12:59:59 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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