Generally like Napolitano but...he’s totally wrong.
There’s only one court decision that helps him: Wong Kim Ark in 1898. And it really doesn’t apply.
And we don’t even need an amendment to clarify the 14th. Just a law. Been about 10 attempts to do it, either a Bush or a Clinton or an Odingo squelched it. They’re all against us.
Won’t be long now. Trump can win on this clear statement alone. The screaming and wailing from the Invader groupies will be loud and long, but the game will be over...for them.
“Trump can win on this clear statement alone”
Correct
“Generally like Napolitano but...he’s totally wrong.”
No doubt Regulator. Sad to see Napolitano so incoherent in the issue.
Here is the Wong Kim Ark decision:
“The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United
States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China,
becomes at the time of his birth a CITIZEN of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.”
Wong Kim was made a citizen, not a natural born citizen.
The Wong Kim Ark decision was constructed entirely upon the 14th Amendment, which implied by this one of many comments from Justice Gray’s decision:
“The Fourteenth Amendment, while it leaves the power where it was before, in Congress, to regulate naturalization, has conferred no authority upon Congress to restrict the effect of birth, declared by the Constitution to constitute a sufficient and complete right to citizenship.”
Finally, the 14th Amendment, in the words of its original author, Ohio Congressman and former Judge Advocate of the trial of the Lincoln assassins, John Bingham, from the Congressional Globe (Record) addressing Congress while promoting the 14th Amendment:
“I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen….”
“...the jurisdiction of the U.S. of parents not owing allegiance to ...’” How can a judge, Napolitano, ignore the written intent by its authors of the laws he is interpreting? As usual, read original sources, but try to insure that those sources have not been edited. Neither the 14th Amendment nor Wong Kim Ark have anything to do with natural born citizenship. The reason for Napolitano’s confusion may be the subtlety of citizenship BY birth and naturalization AT birth, the latter being the result of passage of the 14th Amendment. A naturalized citizen is a naturalized citizen, whether naturalized at birth or as a senior citizen. Citizen at birth is being conflated with naturalized citizen by those with an agenda. As Judge Bingham explained, it is all about allegiance and the natural allegiance passed from parents to a child. Natural citizens and naturalized citizens will always have that difference, whether or not they are born on our soil.