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English court case. I've already fully admitted Obama was born a British subject.
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Blackstone's Commentaries,
Commentaries are not a SCOTUS decision OR a federal law.
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the decision in US v. Wong Kim Ark,
Wong Kim Ark was ruled a citizen (specifically NOT a NBC) not just because he was born in the U.S. He was ruled a citizen because he was born in the U.S. AND his parents were permanently domiciled in the U.S. Being born in the U.S. in and of itself is not sufficient to acquire U.S. citizenship. We see that very clearly in the Ark decision.
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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.
Obama's father never had a permanent domicile OR permanent residence in the U.S. His domicile was always a foreign country. So states his passport and student visa.
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and the appeals panel in Ankeny v. Daniels.
State court. Not a SCOTUS decision.
Not sure how the state judge missed the permanent domicile factor in the Ark decision. That alone makes Ark inapplicable to Obama's situation. More ignorance on parade, or yet another shill for Obama who's willing to make a fool of himself in public? Perhaps.
And recognized as common law precedent in the US by our own Supreme Court.
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Originally Posted by InformedConsent
Commentaries are not a SCOTUS decision OR a federal law.
Blackstone was the single most quoted authority on the common law by our framers and founders. His commentaries have also been recognized as common law precedent in the US by our own Supreme Court.
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Originally Posted by InformedConsent
Wong Kim Ark was ruled a citizen (specifically NOT a NBC) not just because he was born in the U.S.
And the decision includes the definition of natural-born subject/citizen that we use today. To whit:
Anyone born on US soil who is not the child of a foreign diplomat or alien army in hostile occupation is a natural born US citizen.
Wong remains the only Supreme Court decision that has ever been cited as precedent by any subsequent court for the definition of natural-born citizen.
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Originally Posted by InformedConsent
Obama's father never had a permanent domicile OR permanent residence in the U.S. His domicile was always a foreign country.
According to definition prescribed in Wong Kim Ark, domicile is not even part of the equation.
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Originally Posted by InformedConsent
Not sure how the state judge missed the permanent domicile factor in the Ark decision.
It wasn't "a state judge." It was three judge panel, representing between them more than 90 years of legal experience. They missed nothing.
To be honest with you, I think this is a bad law. There shouldn't be two classes of US citizen, if people born in other countries who have become full citizens on the United States are trusted to fill every other position in the government without having their loyalties called into question, why not this one? What kind of a message is that to send to millions of immigrant Americans? If the American people trust someone's loyalty enough that they can get past the primaries and the win the general election, it shouldn't matter if they were technically born in another country. Many fine American citizens of immigrant origins have served in high level positions, like governor of California, without suddenly betraying the country to their birthplace. The constitution was written by a bunch of regular humans with their own agendas and biases, it shouldn't be treated like the word of God and Americans shouldn't have to potentially miss out on electing the most talented administrator in a field of possible candidates just because of some arcane old law.
To be honest with you, I think this is a bad law. There shouldn't be two classes of US citizen, if people born in other countries who have become full citizens on the United States are trusted to fill every other position in the government without having their loyalties called into question, why not this one? What kind of a message is that to send to millions of immigrant Americans? If the American people trust someone's loyalty enough that they can get past the primaries and the win the general election, it shouldn't matter if they were technically born in another country. Many fine American citizens of immigrant origins have served in high level positions, like governor of California, without suddenly betraying the country to their birthplace. The constitution was written by a bunch of regular humans with their own agendas and biases, it shouldn't be treated like the word of God and Americans shouldn't have to potentially miss out on electing the most talented administrator in a field of possible candidates just because of some arcane old law.
A naturalized citizen is a statutory citizen, only a citizen under colour of law.
The U.S. Constitution is the law of the land.
It was designed to keep power from those who would defile it.
You wouldn't want Monsanto poisoning everybody, would you?
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