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

To: Godebert

M v. H does not go as far as you want it to go.

It DOES say that “born in US x 2 citizen parents” DEFINITIVELY establishes NBC status, but it does not say the converse you want it to say, that is, it does not say “born in the US to US citizen mother and alien father” DEFINITIVELY excludes NBC status.


147 posted on 03/04/2017 8:05:39 AM PST by Jim Noble (Die Gedanken sind Frei)
[ Post Reply | Private Reply | To 122 | View Replies ]


To: Jim Noble
The language is clear. There can be NO DOUBT.

The Court in Minor did make a direct holding that Mrs. Minor was, in fact, a US citizen. The Court established her citizenship by definining the “class” of “natural-born citizens” as those born in the US to parents who were citizens. Then the Court included Virginia Minor in that class thereby deeming her to be a US citizen. And they did this by specifically avoiding the 14th Amendment and by specifically construing Article 2 Section 1.

“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. ”

172 posted on 03/04/2017 8:23:47 AM PST by Godebert (CRUZ: Born in a foreign land to a foreign father.)
[ Post Reply | Private Reply | To 147 | View Replies ]

To: Jim Noble
it does not say “born in the US to US citizen mother and alien father” DEFINITIVELY excludes NBC status.

No, but it casts doubt on it.

399 posted on 03/04/2017 1:42:13 PM PST by ROCKLOBSTER (The fear of stark justice sends hot urine down their thighs.)
[ Post Reply | Private Reply | To 147 | 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