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To: New Jersey Realist
Because of the Wong Kim Ark decision every child born in the USA is Natural Born

LOL! Wong Kim Ark was a native born citizen of the United States, not a natural born one.

The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. 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. [p666]

The decision says he was 'just as much a citizen' as a natural born one, not that he WAS a natural born one.

He was naturalized at birth.

86 posted on 04/29/2012 7:33:14 AM PDT by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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To: MamaTexan

Previously in the court decision it was stated:

“It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.”

Now there is Chief Justice Waite’s opinion in Minor v. Happersett which states: “At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”

Two points on Waite. 1. At common-law, with the nomenclature of which the framers.... means English/American Common Law - Not Vattel’s interpretation. 2. NBC, as distinguished from ALIENS or FOREIGNERS. It is implicit in the structure that since aliens and foreigners are one and the same, NBC’s are different. Do you see the “child of citizens” modifier? It is implied that NBC and citizen are one and the same as opposed to aliens and foreigners.

There will never be a court in this land that will take your position. Get over it. You birthers are giving us conservatives a bad name. Lets put our focus on getting Obummer out of office by either proving he wasn’t born in HI and his BC is a forgery, or vote him out in the election. We don’t need your type of distractions that will never go anywhere.

Stop READING INTO what people say. Read the words. Unless you have the ESP of Kreskin, stay with the written word.


89 posted on 04/29/2012 9:10:26 AM PDT by New Jersey Realist (America: home of the free because of the brave)
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