On this "Natural Born Citizen" Issue, Part 1: From Alexander Hamilton to Lynch v. Clarke

The New York Court of Chancery case Lynch v. Clarke (and Lynch) (Bernard Lynch v. John Clarke and Julia Lynch) from 1844 is one of the most prescient and important cases dealing with the matter ... The official report of the case describes ... the circumstances behind the case and of Julia's birth:

Her parents were British subjects domiciled in Ireland. They came to this country in 1815, remained till the summer of 1819, and then returned to Ireland. Julia was born in the city of New York, in the spring of 1819. Her parents took her with them on their return, and she remained in Ireland till after the death of Thomas Lynch [her uncle who lived in New York]. During the sojourn of her father here, Thomas hired a farm for him & paid the rent. Her father occupied the farm for a time, but it is proved that he was not contented here. One witness testified that Patrick Lynch (Julia's father) always wished to return to Ireland...It does not appear that he ever declared his intention to become a citizen under the act of Congress; or ever expressed any intention to reside here permanently.

The case filed by Bernard before the court was that Julia had never been naturalized.

So, was Julia Lynch a citizen? That was the question before the court. The peculiar nature of the case meant that she must either have been a natural born citizen because she was born to her parents, though they were aliens, on U.S. soil, or that she was not a citizen at all because her parents were aliens regardless of the place of her birth and that she had never made any attempt to be naturalized. To make a long story short, the court ruled in her favor.

well the lynch case involves people who were here LEGALLY to start with and had a daughter BORN HERE..

ILLEGALS DONT HAVE THOSE RIGHTS AND SOMEONE BORN TO ILLEGALS IS NOT AN AMERICAN CITIZEN UNLESS THEY GO THROUGH THE DUE PROCESS AND BECOME ONE

libtard pols want it the opposite because as crazy joe biden said
“illegals are the future of the democratic party”
meaning votes
same as the abomination LBJ foisted on America ... to buy votes from blacks

Conservative justices have tended to be more likely than liberal or moderate justices to rely on the legal principle of “stare decisis” (let the decision stand, the policy of courts to abide by or adhere to principles established by decisions in earlier cases.), reliance on historical judicial precedent.
The 1898 SCOTUS ruling in U.S. v Wong Kim Ark has never been overturned.
The majority ruled in Wong:
[An alien parent’s] “allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke in Calvin’s Case, ’strong enough to make a natural subject, for, if he hath issue here, that issue is a natural-born subject’

‘Subject’ and ‘citizen’ are, in a degree, convertible terms as applied to natives; and though the term ‘citizen’ seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, ’subjects,’ for we are equally bound by allegiance and subjection to the government and law of the land.’

…every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born.

The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established.”

Liberal and moderate judges who believe that the Constitution is “a living document” are more likely to ignore precedent and try to overturn what has already been decided.

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