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To: Rides3
According to Wikipedia, The Indian Citizenship Act of 1924, also known as the Snyder Act, was proposed by Representative Homer P. Snyder (R) of New York and granted full U.S. citizenship to America's indigenous peoples, called "Indians" in this Act. (The Fourteenth Amendment guarantees citizenship to persons born in the U.S., but only if "subject to the jurisdiction thereof"; this latter clause excludes certain indigenous peoples.) The act was signed into law by President Calvin Coolidge on June 2, 1924.

Until 1924 indians were never under the jurisdiction of the United States.

WKA made exceptions in their definition of NBC and indian was one of them. Do a word search for indian on the WKA case.

You are straying off the reservation aren't you?????

You say SCOTUS never declared that but they did:

"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]"

Source: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html

79 posted on 05/30/2012 1:51:35 PM PDT by New Jersey Realist (America: home of the free because of the brave)
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To: New Jersey Realist
WKA made exceptions in their definition of NBC and indian was one of them.
Let's look at your post (75) again...
What is it you don’t understand in the case of the United States v. Wong Kim Ark where SCOTUS declared that EVERY person born on U.S. soil IS A NATURAL BORN CITIZEN whether a citizen or alien unless the seed of a foreign diplomat
It clearly doesn't declare that "EVERY person born on U.S. soil IS A NATURAL BORN CITIZEN" and I've just proven how and why.

And let's look at what the WKA decision says about the exception for Indians...

"all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States"
And not subject to any foreign power...

Obama was born subject to a foreign power... the UK via his non-US citizen father, as openly admitted by the DNC's "Fight the Smears" website.

And the exclusion given the Native Americans were only for those who...

"had voluntarily separated himself from his tribe and taken up his residence among the white citizens of a State but who did not appear to have been naturalized, or taxed, or in any way recognized or treated as a citizen either by the United States or by the State, was not a citizen of the United States, as a "person born in the United States and subject to the jurisdiction thereof" within the meaning of the clause in question.

That decision was placed upon the grounds that the meaning of those words was not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance"

So, the exception is that even US-born Native Americans who had deliberately separated from their tribe (those referred to as "Indians not taxed") were still NOT considered US citizens.

Furthermore, your quote on the child of an alien specifically refers to them as "a citizen," NOT as a natural born citizen. The comparison is made to a natural born citizen specifically because the two cited individuals do NOT the have the same citizenship status for Constitutional purposes. Nowhere in WKA does it say that the children of aliens are natural born citizens. It refers to them as only "citizens." Likewise, WKA never declares that "citizen" and "natural born citizen" are interchangeable terms or statuses.

80 posted on 05/30/2012 2:35:12 PM PDT by Rides3
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