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To: edge919

“What other purpose did it serve to say anything about children of citizen parents when Minor didn’t claim to be born to citizen parents??”

It served whatever purpose the judge had for it. Not everything they say is directly tied to the decision. It’s called obiter dictum, and it can spin off into irrelevancy easily. In this particular case, her presidential eligibility was not at issue. If they rejected her claim, obviously she was not eligible for the presidency any more than citizenship, so I hardly see how they danced around citizen parents and the 14th amendment had to do with who’s a NBC besides the children of two citizens, aside from not her.

There were not out to exhaustively define NBC status, and didn’t. They did not say outright that native borns aren’t NBCs.


217 posted on 05/01/2012 4:29:41 PM PDT by Tublecane
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To: Tublecane
It served whatever purpose the judge had for it. Not everything they say is directly tied to the decision. It’s called obiter dictum, and it can spin off into irrelevancy easily. In this particular case, her presidential eligibility was not at issue. If they rejected her claim, obviously she was not eligible for the presidency any more than citizenship, so I hardly see how they danced around citizen parents and the 14th amendment had to do with who’s a NBC besides the children of two citizens, aside from not her.

Wow, this is a pretty ridiculous song-and-dance routine, trying to avoid admitting the obvious. And you clearly don't understand. When the court rejected her claim, they MADE HER eligible for the presidency because they went to Article II of the Constitution to explain why the 14th amendment argument was rejected for women, as a class. And sorry, but pay close attention. The issue on citizenship is NOT obiter dictum. Minor made a very specific citizenship argument that the Court unanimously rejected on the basis of children being born in the country to citizen parents. This established a legal precedent that was followed by the Ark court in exempting NBCs from needing the 14th amendment to be citizens.

There were not out to exhaustively define NBC status, and didn’t. They did not say outright that native borns aren’t NBCs.

Sorry, but this is wrong. They did say outright that "native borns" aren't NBCs when they said the 14th amendment does NOT define natural-born citizenship. The ONLY way to solve doubts about birth citizenship is to use the 14th amendment and satisfy the subject clause OR to determine that the parents are citizens which then satisfies the exclusive characterization of natural-born citizen. The latter is distinguished specifically from aliens or foreigners, while the former only has the legal weight to make citizens of children born to resident aliens. That's what the Court said in Wong Kim Ark. Read it. Learn it. Comprehend it.

303 posted on 05/01/2012 11:57:37 PM PDT by edge919
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