Why use Calvins Case rather than anything earlier or later?
Why not go back to the common law circa 1324 during the reign of Edward II?
Why use Calvins Case rather than anything earlier or later?
Why not go back to the common law circa 1324 during the reign of Edward II?
Why use Calvins Case rather than anything earlier or later?
Why not go back to the common law circa 1324 during the reign of Edward II?
It is self evident to me that the Gray court simply arrived at their decision based on what they wanted, then researched through history to find law that would support their decision. (Legal rationalization.) It was just as much of a political decision as was the Dred Scott decision of the Taney court.
The Wong Kim Ark case was really unfair, and the Judges were not willing to let this man be deprived of his citizenship simply because of a legal technicality or an unfair racist law. (Chinese exclusion act.)
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Good find, by the way. I've been looking for documentary evidence of the feudal relationship between King and Subject, and how "bondage" to the land is the basis of the "natural born subject" bit of law. It becomes very obvious when you look at the origins of English Law regarding "natural born subject" that it is completely incompatible with the principle of American Independence.