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The first gen Americans-soil-borns all had parents from somewhere else.
Look, I'm not saying things today are the same as things in the beginning. Immigration is a real issue and we need to address it and deal with our problems. BUT we do have that "soil born" thing and as of right now that's the way it is.
Even you seem to now recognize that WKAs parents established permanent domicile here. Do you know what established and made them permanently domiciled here? Gray makes light of it in his ruling.
again domicile means place of residence. can be the street, an alley, a house, a shack, an apartment or your friends couch. even if a person is in the US for 2 minutes or 20 years, permanent domicile means the physical place that person will live.
Gray also stated in the ruling that DOMICILE isn't important to citizenship, nor is the parent's citizenship. Just being born on US Soil, and not being an ambassador or a prisoner of war/invading army, you are granted Citizenship upon birth.
Even the dissenting opinion in Wong Kim Ark said that by recognizing that Wong Kim Ark as born a citizen, that he would qualify for POTUS, while bringing up a concern that children born to US Citizens abroad, were not (we didn't have laws in place that recognized children born of US Citizens as born citizens, just nationals at the time)
the Supreme Court explained it that since Wong Kim Ark's parents were NOT in the employ of the Emperor of China, nor here under any official capacity for the Emperor, they were permanently domiciled.
"Since?" SCOTUS most definitely does NOT say that. You're making unsubstantiated assumptions.
What SCOTUS does say is that Wong Kim Ark's parents had an established permanent domicile at the time of his birth.
They were not in the U.S. illegally.NOR were they in the U.S. on a temporary basis such as a visitor, tourist, or foreign student would be.
Barack Obama Sr, had a permanent domicile while attending UH for his studies
Completely false.
It's a matter of public record that Obama's father was only in the U.S. on a TEMPORARY basis at the time of Obama's birth. Note the wordTEMPORARY on the legal form signed and submitted in 1961:
You still won't explain why only one of the six observations made in the U.S. vs Wong Kim Ark decision applies and not why the others are of no consideration.
It's pretty simple. When one fails to meet a necessary requirement, there's no need to consider any other qualifying conditions. One has already failed to meet the requirement. Can't believe you're having such a hard time understanding such a simple concept.
Gray also stated in the ruling that DOMICILE isn't important to citizenship
Gray specifically reiterated the question asked and answered in the closing paragraph of the majority opinion:
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. Order affirmed.
Question asked and answered.
If permanent domicile wasn't an important factor in the question being addressed by the Court, Gray would not have explicitly named it as a condition in the majority opinion's closing paragraph.
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