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Who was Hinman and what gave him the right to decide who was a citizen. I will tell you who he was. A paid political hatchet man hired by the Democrats.
DC... you do realize (I hope) that in 1885, the Democrats were the conservatives and the Republicans were the progressives.... right?
Minor refused to settle the definition of natural born citizen.
That was left for the Wong court a quarter century later.
You must be addicted to spin. Wong was never affirmed a natural born citizen. He was affirmed a citizen because his parents were permanent residents and domiciled at his birth.
This means Rubio is a citizen but not a natural born citizen. It means Obama is a perpetual inhabitant..neither a citizen or a natural born citizen.
His father was never domiciled, nor was he a permanent resident. Rubios parents were domiciled and permanent residents at his birth.
You must be addicted to spin. Wong was never affirmed a natural born citizen. He was affirmed a citizen because his parents were permanent residents and domiciled at his birth.
Minor was never affirmed a natural born citizen either. So your argument here seems a bit... flaccid.
Again, here is how real judges in real courts making real decisions in real cases understand the Wong decision:
Quote:
Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents. Just as a person “born within the British dominions [was] a natural-born British subject” at the time of the framing of the U.S. Constitution, so too were those “born in the allegiance of the United States [] natural-born citizens.”
Rubio matches the citizenship standards laid down by Gray in Wong Kim Ark v the United States.
Thus making him a natural born US citizen. For here are those standards as laid down in that case:
Quote:
It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.
III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.
Quote:
Originally Posted by DraggingCanoe
Obama does not match the same standards. His father was not domiciled nor was he a permanent resident.
Read them again. Obama meets them perfectly. He too is a natural born citizen.
Oh... and by the way, it is absolutely a worthwhile article to read.
Among the points it makes is that prior to the 14th Amendment (i.e. from the Framing of the Constitution) nobody doubted that children of foreigners born on US soil were citizens. It points out that "dobts" on that issue were entirely a recent development.
It also makes the point that Minor V. Happersett refused to settle the issue.
It ends with a call for the Supreme Court to weigh in on the issue... and we all know that just a few years later it did do; in the case of US v. Wong Kim Ark.
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