Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: 2pets
Oh, please... Wong Kim Ark was ruled a US citizen.

Right. And we know that citizenship is classified two-fold: natural born and naturalized. Since Wong wasn't naturalized (he couldn't be under the Chinese Exclusion Act), he was unquestionably a natural born citizen.

(note: NOT a natural born citizen)

So you're saying he was naturalized? Where does the SCOTUS say that?

He couldn't be naturalized. Wong was a natural born citizen.

96 posted on 01/29/2016 6:40:39 PM PST by CpnHook
[ Post Reply | Private Reply | To 93 | View Replies ]


To: CpnHook
You are no doubt familiar with the case of Kawakita v. United States, 343 U.S. 717 (1952).

I cite it just as a counterpoint to "we know that citizenship is classified two-fold: natural born and naturalized. Since Wong wasn't naturalized (he couldn't be under the Chinese Exclusion Act), he was unquestionably a natural born citizen." While courts often say things like "there are only two categories," the existence and definition of those categories is a judicial construct that usually fits the pivot point of decision in the case in hand. But setting up a two-slot system is nowhere compelled.

One could just as easily say that a person is either born a dual citizen, or not; or is naturalized into dual citizenship, or not.

Quick sideways leap - sometimes the court makes a more complex structure, as it did in the Steel Seizure case. Sometimes the issue is more complex and is analyzed on some sort of sliding scale or multiple prong framework.

I don't believe that the rule "native born is natural born citizen" is correct; or even the WKA conclusion that Ark was a "native born citizen" results in Ark also being a NBC. Not the point of discussion, but I also don't think that "native born is always (diplomat exception aside) a citizen" is compelled by the cases, although that is the way WKA and Plyler have been applied.

There are other important variables in the citizenship analysis besides location of birth, including whether the parent is a legal resident of the US, and whether the child obtains citizenship from another country, even though born in the US.

I think the "two category" system that gets to the eligibility of a dual citizen to hold the office, would focus on "dual citizen or not dual citizen," not "naturalized or native born." While it is tempting to think that this the "native born or not" framework is comprehensive of defining NBC, I would say that at least we don't know if the Supreme Court would see it that way.

97 posted on 01/30/2016 1:57:46 AM PST by Cboldt
[ Post Reply | Private Reply | To 96 | View Replies ]

To: CpnHook
If that's true, why didn't SCOTUS rule Ark a natural born citizen?

Again, words matter.

98 posted on 01/30/2016 4:43:38 AM PST by 2pets
[ Post Reply | Private Reply | To 96 | View Replies ]

To: CpnHook
SCOTUS did NOT rule WKA a natural born citizen. He was ruled a citizen only. Read the ruling, specifically the last paragraph which by Gray's own statement explicitly limits the effect of the ruling.

Too many of you are reading much more into the WKA ruling than is really there. Words matter.

99 posted on 01/30/2016 4:43:38 AM PST by 2pets
[ Post Reply | Private Reply | To 96 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson