My point was only that the Wong ruling began the process of judges equating 14th Amendment Born Citizens and Article 2 Natural Born Citizens.
Wong Kim Ark’s parents went back to China and never returned to the United States. “Permanetly domiciled” has come to mean having a U.S. address and not being a tourist.
The last of the major state-level challenges to Obama’s eligibility was dismissed on Tuesday in Mississippi.
The lawsuit was a RICO (Racketeer Influenced and Corrupt Organizations) Act civil action alleging a conspiracy to place an ineligible candidate on the Mississippi ballot. The plaintiffs were eligibility attorney Orly Taitz plus several Mississippi residents and the defendants were the Mississippi Democrat Party, Barack Obama, Obama For America, Nancy Pelosi, Hawaii government officials Health Director Loretta Fuddy (now deceased) & state Registrar and keeper of the Obama birth certificate Alvin Onaka, plus Delbert Hosemann, the Republican Secretary of State of Mississippi, and Michael Astrue, the Bush appointed former Commissioner of the Social Security Administration.
This lawsuit was notable because both the plaintiffs and the defendants submitted copies of Obama’s long form birth certificate as exhibits. The plaintiffs’ copy alleged a forgery and the defendants’ copy alleged authenticity and was accompanied by a Letter of Verification from Hawaii state Registrar.
The judge is a Reagan appointee, U.S. District Court Judge for the Southern District of Mississippi, Henry T. Wingate.
Judge Wingate wrote a sixty-four page Memorandum Opinion which granted the defense Motion for Judgement on the Pleadings.
Taitz v Obama s.d. Ms Ecf 118 - Order
http://www.scribd.com/doc/260543303
A Motion For Judgement on the Pleadings “is a party’s request to the court to rule in his/her favor based on the pleadings (legal briefs) on file, without accepting evidence, as when the outcome of the case rests on the court’s interpretation of the law.
A function of a motion for judgment on the pleadings is to dispose of baseless claims or defenses when the formal pleadings reveal their lack of merit. A motion for judgment on the pleadings is the proper procedure when all of the material allegations of fact are admitted in the pleadings and only questions of law remain. When the pleadings do not resolve all factual issues, judgment on the pleadings is generally inappropriate.”
I believe this is certainly correct for subsequent courts. I do not think this was the intent of the Wong court, (Plessy v Ferguson) but I am not completely certain about this.
Wong Kim Ark’s parents went back to China and never returned to the United States.
I don't remember for sure anymore, but they may not have had a choice. I *think* the treaty required them to return. In any case, it was customary at the time for people to want to return to China before they died. I think they would also send bodies back when people died. I believe this is mentioned in the Debates on the 14th.
“Permanently domiciled” has come to mean having a U.S. address and not being a tourist.
That is my understanding as well. At the very least some sort of long term Denizen.