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Originally posted by Xcalibur254
reply to post by Phoenix
Minor v. Happersett does not attempt to define the term natural born citizen. As it was dealing with voting rights they first had to determine whether or not Minor was a US citizen. In the decision the Justices specifically state they are not trying to define the term. They are merely determining whether or not Minor was a citizen and since she was born to two US citizens on US soil she clearly was. In Elk v. Wilkins the court's reasoning was that since Indian territory is technically an alien nation it does not count as US soil in terms of determining citizenship. The exact words of the court was that since Elk was not subject to the jurisdiction of the United States at birth he was not a US citizen. As for Osborn v. Bank of the United States I'm at a loss for seeing why it's even pertinent. On a quick perusal I don't see anything that has to do with citizenship.
Lynch v. Clarke on the other hand deals explicitly with defining the term natural born citizen. To quote the decision from that case:
Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever the situation of his parents, is a natural born citizen. It is surprising that there has been no judicial decision upon this question.
This was upheld in In re Look Tin Sing, United States v. Wong Kim Ark, and most recently in Perkins v. Elg which states in the decision that anyone born in the US is capable of holding the office of President even if they are raised in another country.
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 [p168] 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. The words "all children" are certainly as comprehensive, when used in this connection, as "all persons," and if females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the plaintiffs proceeds upon that idea.
Originally posted by InternetGremlin
Originally posted by Xcalibur254
reply to post by OutKast Searcher
It also amazes me how so many here can claim to be defenders of the Constitution and at the same time defend Arpaio so vehemently. Him and his department have been shown in the court of law to take part in unconstitutional practices. It just doesn't make sense. He spits on the Constitution when it doesn't suit his agenda and yet if you listened to people on here he's pretty much the greatest and most patriotic American since George Washington.
I value your input and we've talked before about Arpaio. I only wish to know what you are referring to here.
Can you please detail some of his unconstitutional actions? I am unaware of them.
If they are about his chain gangs, pink underwear, and tent city then never mind because, I love those ideas and those are not suppose to be pleasantries while incarcerated.
I am only curious if I am missing something. If he had broken the law as you say, would he not be gone from said position?
Originally posted by 1BornPatriot
reply to post by flyswatter
Actually, he did - and has spent over 1.5 million in legal fees to keep those records sealed. information release on one of those radio shows Jerome Corsi was guest on.
Originally posted by Xcalibur254
reply to post by Phoenix
Let's quote the pertinent part of Minor v. Happersett:
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 [p168] 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. The words "all children" are certainly as comprehensive, when used in this connection, as "all persons," and if females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the plaintiffs proceeds upon that idea.
All this case did was give an overview of the term natural-born citizen. It explicitly states that it was not going to attempt to clear up the doubts regarding the term. It was enough to know that someone born to two US citizens was a citizen. Minor v. Happersett is irrelevant in this matter. As I said in my last post, the last case to attempt to define the term natural born citizen was Perkins v. Elg. In the decision of that case it clearly stated that anyone born on US soil was eligible of becoming President. This is the standing precedent and the current definition laid down by the branch tasked with defining the term.
Originally posted by Xcalibur254
reply to post by Phoenix
What misquote? That comes directly from the decision of Minor v. Happersett. Also I did answer your question. Check the bottom of the last page.
Originally posted by 1BornPatriot
reply to post by flyswatter
Actually, he did - and has spent over 1.5 million in legal fees to keep those records sealed. information release on one of those radio shows Jerome Corsi was guest on.
Originally posted by 1BornPatriot
reply to post by flyswatter
Actually, he did - and has spent over 1.5 million in legal fees to keep those records sealed. information release on one of those radio shows Jerome Corsi was guest on.