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Old 06-18-2013, 03:32 PM
 
Location: the very edge of the continent
89,004 posts, read 44,804,275 times
Reputation: 13698

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Quote:
Originally Posted by HistorianDude View Post
The final ruling is merely the summary of the decision. That summary includes the facts of the case, both relevant and irrelevant.
Except when SCOTUS specifically names the required factors in the ruling, which Gray specifically chose to do in this case.

Other SCOTUS rulings have deliberately avoided limiting their applicability in such a manner. You know that, you just choose to remain ignorant because it suits your agenda.
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Old 06-18-2013, 03:33 PM
 
Location: the very edge of the continent
89,004 posts, read 44,804,275 times
Reputation: 13698
Quote:
Originally Posted by HistorianDude View Post
Actually, yes, it does. It always has.
No.

I just quoted the exact words AND the meaning intended by the Amendment's authors:

The actual requirement is:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

Where those who are born owing allegiance to a foreign power fail to meet this requirement is that they are not under the complete jurisdiction of the U.S. as the 14th Amendment requires.

Senator Trumbull: "The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means."
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

Senator Trumbull: "Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make treaties with them, and therefore they are not subject to our jurisdiction"
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

Senator Howard: "I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word “jurisdiction,” as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States"
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875
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Old 06-18-2013, 03:53 PM
 
Location: Littleton, CO
20,892 posts, read 16,074,302 times
Reputation: 3954
Quote:
Originally Posted by InformedConsent View Post
I just quoted the exact words AND the meaning intended by the Amendment's authors:
Ignoring that the 14th Amendment does not define what a natural born citizen is under the Constitution, I will not waste again the bandwidth necessary to again show how grossly you misrepresent those statements regarding what "subject to the jurisdiction" means. I will instead merely quote again what SCOTUS has to say on the issue.

Quote:
The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, "All persons born in the United States" by the addition "and subject to the jurisdiction thereof," would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases -- children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State -- both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country.
SCOTUS has spoken. You lost over century ago.
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Old 06-18-2013, 03:55 PM
 
Location: Littleton, CO
20,892 posts, read 16,074,302 times
Reputation: 3954
Quote:
Originally Posted by InformedConsent View Post
Except when SCOTUS specifically names the required factors in the ruling, which Gray specifically chose to do in this case.
We have already repeatedly demonstrated how irremediably stupid that assertion is.

That summary no more declared "permanent domicile" a required factor than it declared Chinese parents a required factor. You insult only yourself with such a bizarre and brazen display of frothing idiocy when you pretend otherwise.
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Old 06-18-2013, 04:36 PM
 
1,481 posts, read 2,159,500 times
Reputation: 888
Quote:
Originally Posted by InformedConsent View Post
No, that's not what the Constitution says.

The actual requirement is:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

Where those who are born owing allegiance to a foreign power fail to meet this requirement is that they are not under the complete jurisdiction of the U.S. as the 14th Amendment requires.

Senator Trumbull: "The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means."
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

Senator Trumbull: "Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make treaties with them, and therefore they are not subject to our jurisdiction"
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

Senator Howard: "I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word “jurisdiction,” as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States"
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

Does the U.S. make treaties with England? Yes. Was Obama born a Brit? Yes, according to both himself and the DNC.
Interesting you are saying with the union jack in the side of it's flag Hawaii is a British colony ? Was Obama born a Brit no, one could argue from his Father's side that he was born a Kenyan, but that certainly does not make him a Brit, he has no right to be domiciled in the UK. Yes his father was born a British subject who MAY have the right to be domiciled in the UK, but there is no guarantee of that. Cruz was born a Canadian subject of the CANADIAN Queen who has the right to live in Canada but that does not give him the right to live in the UK.
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Old 06-18-2013, 05:16 PM
 
5,150 posts, read 7,763,152 times
Reputation: 1443
Quote:
Originally Posted by InformedConsent View Post
No, not my opinion. I've cited U.S. Secretaries' of State actions, and two SCOTUS references (there's more)..
You're a broken record. You are totally devoid of logic or just don't care. You say there's a Supreme Law of the Land and then you use "actions" by something that isn't part of it to "prove" your point. The "action" you posted is an opinion that absolutely agrees with me that the issue hasn't been litigated. Then you post Supreme Court cases that have nothing to do with the argument after admitting that the State department says no one knows. In other words, you depend on the State department to back you up by saying it is unknown and then list cases to prove it is unknown.

I am not posting this to argue with you. This is for any sane people that are still with us.

You must think two wrongs make a right. You list two cases that list affirmative decisions. In other words, they state that something is true. Your argument is that something is false. You accept two affirmative decisions as proof of a negative when nothing about a negative is in case law which is provenby your own exhibit from the State department.

Because A and B are, does not mean C isn't. <-- That is simple logic and you either refuse to believe it or you believe it and refuse to acknowledge it.
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Old 06-18-2013, 05:27 PM
 
5,150 posts, read 7,763,152 times
Reputation: 1443
Quote:
Originally Posted by InformedConsent View Post
False.

Kwock Jan Fat v. White (1920), the Supreme Court referred to Mr. Kwock as a natural born citizen. He was born in the United States to a father who was a native-born U.S. citizen, and his mother was a U.S. citizen by marriage

Perkins v. Elg (1939), the Supreme Court referred to Marie Elizabeth Elg as a natural born citizen. She was born in the United States to a naturalized U.S. citizen father, and her mother was a U.S. citizen by marriage.

You only think it would have been "stupid" because your opinion differs from SCOTUS.
Must be sad to only have three things left. You think that eventually Picard will say there are 5 lights when there are 4 but he won't.


Kwock Jan Fat v. White being a a natural born citizenborn in the United States to a father who was a native-born U.S. citizen, and his mother was a U.S. citizen by marriage does not mean that Barak Obama is not a natural born citizen.

Kwock Jan Fat v. White being a a natural born citizenborn in the United States to a father who was a native-born U.S. citizen, and his mother was a U.S. citizen by marriage does not mean that John McCain is not a natural born citizen.

Kwock Jan Fat v. White being a a natural born citizenborn in the United States to a father who was a native-born U.S. citizen, and his mother was a U.S. citizen by marriage does not mean that Ted Cruz is not a natural born citizen.

In order for case law to help you, you'd have to point to something that shows someone in the same circumstances was declared NOT to be a natural born citizen but that case law does not exist. Same for the other case. The State department already told you this but you refuse to believe your own source.

What you are saying is:

Kwock Jan Fat v. White being a a natural born citizenborn in the United States to a father who was a native-born U.S. citizen, and his mother was a U.S. citizen by marriage means that Barak Obama is not a natural born citizen.

Kwock Jan Fat v. White being a a natural born citizenborn in the United States to a father who was a native-born U.S. citizen, and his mother was a U.S. citizen by marriage means that John McCain is not a natural born citizen.

Kwock Jan Fat v. White being a a natural born citizenborn in the United States to a father who was a native-born U.S. citizen, and his mother was a U.S. citizen by marriage means that Ted Cruz is not a natural born citizen.

That is pretty crazy. A smart person would stop at stating what their opinion is, referring to documents backing it up and that's it. Repeating the same thing over and over again and saying it makes your facts correct is just embarrassing.

Try clicking you heels three times next time you boilerplate.
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Old 06-18-2013, 05:34 PM
 
5,150 posts, read 7,763,152 times
Reputation: 1443
Quote:
Originally Posted by Nonarchist View Post
This is precisely why the Natural Born Citizen requirement of two citizen parents and born in one of the United States was strategically placed in the Constitution.
There is an NBC requirement but the rest of what you typed is made up. Parenthood is not mentioned in the Constitution. Place of birth is not mentioned in the Constitution.

If you can't admit that you're hopeless.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Nobody is arguing what it says (except you). The argument is over what the words mean.
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Old 06-18-2013, 05:36 PM
 
5,150 posts, read 7,763,152 times
Reputation: 1443
Quote:
Originally Posted by InformedConsent View Post
John Jay's letter used the word "foreigner," not "alien." To understand the context and intended meaning, you have to understand the lexicon in use at the time the letter was written:


Your convoluted twisting of words to change historical fact to what you want it to mean won't work on anyone but the ignorant.
Good work not challenging him on the assertion that the letter had nothing to do with the president.
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Old 06-18-2013, 05:54 PM
 
3,846 posts, read 2,384,199 times
Reputation: 390
Quote:
Originally Posted by GCharlotte View Post
There is an NBC requirement but the rest of what you typed is made up. Parenthood is not mentioned in the Constitution. Place of birth is not mentioned in the Constitution.

If you can't admit that you're hopeless.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Nobody is arguing what it says (except you). The argument is over what the words mean.
It presents a difference between a Natural Born Citizen and all other citizens.

Your argument is that it doesn't.

You seem to have a real problem with language structure. (There are remedial courses you can take)

There were more than two options at the time.
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