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Old 04-02-2013, 01:23 PM
 
42,732 posts, read 29,878,374 times
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Quote:
Originally Posted by InformedConsent View Post
In English, again, because you're having a difficult time comprehending the FACTS:

"to the decision of the court upon the facts agreed by the parties"

How do you get that, from this:
I would go into the "facts agreed upon by the parties" in Minor, but what's the point? It's not like you are going to respond logically.

So, the gist of this discussion is this:

Barack Obama Sr, came to the United States and enrolled at university in 1959. There is no question that he was here legally. He continued his studies at accredited institutions until 1964. So he lived and worked in the United States for FIVE YEARS. During those five years, he did not serve as an ambassador or in an occcupying army. That is permanent domicile. For all legal intents and purposes, that is permanent domicile.

Which doesn't matter anyway, because Barack Obama Jr was born to an American citizen in Hawaii, and his birth in Hawaii makes him a natural-born citizen.

 
Old 04-02-2013, 01:34 PM
 
Location: the very edge of the continent
89,018 posts, read 44,824,472 times
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Quote:
Originally Posted by DC at the Ridge View Post
So, the gist of this discussion is this:

Barack Obama Sr, came to the United States and enrolled at university in 1959. There is no question that he was here legally. He continued his studies at accredited institutions until 1964. So he lived and worked in the United States for FIVE YEARS. During those five years, he did not serve as an ambassador or in an occcupying army. That is permanent domicile.
NOT when his student visa has an expiration date and the federal forms he had to fill out for his student visa extensions ALL say TEMPORARY STAY.
 
Old 04-02-2013, 01:45 PM
 
Location: the very edge of the continent
89,018 posts, read 44,824,472 times
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Quote:
Originally Posted by HistorianDude View Post
You are judged by your actions and your words.
I'm adhering to the law, informed by historical fact. I'll take that judgment.

If you don't like the law, change it through a legislative act or or a Constitutional Amendment. Just "saying" it's changed isn't good enough, lest we fall into anarchy.
 
Old 04-02-2013, 01:52 PM
 
Location: Littleton, CO
20,892 posts, read 16,077,572 times
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Quote:
Originally Posted by InformedConsent View Post
It's plain as day, HD.
Then how do you explain the current President of the Unites States? Whatever else might be "plain as day," your opinion on this issue does not make the short list.

Quote:
Originally Posted by InformedConsent
"to the decision of the court upon the facts agreed by the parties"

Precedent set: Parents must be permanently domiciled in the U.S., AND carry on business in the U.S., AND are not employed in any diplomatic or official capacity under a foreign power.
Let's put as fine a point as possible on the complete stupidity of that argument. Here is the full set of "facts of this case, as agreed by the parties:"

Quote:
The facts of this case, as agreed by the parties, are as follows: (Numbering added)
  • 1) Wong Kim Ark was born in 1873
  • 2) in the city of San Francisco,
  • 3) in the State of California and
  • 4) United States of America, and 5) was and is a laborer.
  • 5) His father and mother were persons of Chinese descent, and
  • 6) subjects of the Emperor of China;
  • 7) they were at the time of his birth domiciled residents of the United States, having previously established and still enjoying a permanent domicil and residence therein at San Francisco;
  • 8 ) they continued to reside and remain in the United States until 1890, when
  • 9) they departed for China, and
  • 10) during all the time of their residence in the United States, they were engaged in business, and
  • 11) were never employed in any diplomatic or official capacity under the Emperor of China.
  • 12) Wong Kim Ark, ever since his birth, has had but one residence, to-wit, in California, within the United States, and has there resided, claiming to be a citizen of the United States, and
  • 13) has never lost or changed that residence, or
  • 14) gained or acquired another residence, and
  • 15) neither he nor his parents acting for him ever renounced his allegiance to the United States, or
  • 16) did or committed any act or thing to exclude him therefrom.
  • 17) In 1890 (when he must have been about seventeen years of age), he departed for China on a temporary visit and with the intention of returning to the United States, and
  • 18 ) did return thereto by sea in the same year, and
  • 19) was permitted by the collector of customs to enter the United States upon the sole ground that he was a native-born citizen of the United States.
  • 20) After such return, he remained in the United States, claiming to be a citizen thereof, until 1894, when
  • 21) he (being about twenty-one years of age, but whether a little above or a little under that age does not appear) again departed for China on a temporary visit and with the intention of returning to the United States, and
  • 22) he did return thereto by sea in August, 1895, and applied to the collector of customs for permission to land, and
  • 23) was denied such permission upon the sole ground that he was not a citizen of the United States.
So... there we have it. 23 different facts "agreed by the parties."

Guess what? Only some of them have a bearing on the decision. Based upon the definition of natural-born citizen contained in the decision, the only ones that do have a bearing are these:
  • 4) Wong Kim Ark was born in the United States of America
  • 10) during all the time of their residence in the United States, Wong's parents were were never employed in any diplomatic or official capacity under the Emperor of China.
  • 14) neither he nor his parents acting for him ever renounced his allegiance to the United States, or
  • 15) did or committed any act or thing to exclude him therefrom.
Now... you are insisting that fact 7 is necessary as well. But there is no more reason to believe that particular fact is any more or less relevant than fact 5. For your argument to be coherent, you must also believe that one cannot be a citizen at birth unless one's parents are Chinese.

And of course that too would be stupid.
 
Old 04-02-2013, 01:54 PM
 
Location: Littleton, CO
20,892 posts, read 16,077,572 times
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Quote:
Originally Posted by InformedConsent View Post
I'm adhering to the law, informed by historical fact. I'll take that judgment.
That's not the judgment that has been made in this thread.
 
Old 04-02-2013, 01:56 PM
 
42,732 posts, read 29,878,374 times
Reputation: 14345
Quote:
Originally Posted by InformedConsent View Post
NOT when his student visa has an expiration date and the federal forms he had to fill out for his student visa extensions ALL say TEMPORARY STAY.
FIVE YEARS. No one in their right minds calls a stay of FIVE YEARS temporary.
 
Old 04-02-2013, 01:57 PM
 
3,846 posts, read 2,384,804 times
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Quote:
Originally Posted by HistorianDude View Post
Then how do explain the current President of the Unites States? Whatever else might be "plain as day," your opinion on this issue does not make the short list.

Guess what? Only some of them have a bearing on the decision. Based upon the definition of natural-born citizen contained in the decision . .
Contained as dicta-graft.
 
Old 04-02-2013, 01:58 PM
 
3,846 posts, read 2,384,804 times
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Quote:
Originally Posted by DC at the Ridge View Post
FIVE YEARS. No one in their right minds calls a stay of FIVE YEARS temporary.
Stamps don't lie.
 
Old 04-02-2013, 02:00 PM
 
Location: the very edge of the continent
89,018 posts, read 44,824,472 times
Reputation: 13711
Quote:
Originally Posted by HistorianDude View Post
Then how do you explain the current President of the Unites States?
We live in an idiocracy.


Idiocracy - YouTube

Too many people are easily duped by people trying to con them.


Quote:
Let's put as fine a point as possible on the complete stupidity of that argument. Here is the full set of "facts of this case, as agreed by the parties:"

So... there we have it. 23 different facts "agreed by the parties."

Guess what? Only some of them have a bearing on the decision.
Yes, we know that because Gray WROTE exactly which agreed upon facts bore on the decision:
Quote:
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.
United States v. Wong Kim Ark

Precedent set: Parents must be permanently domiciled in the U.S., AND carry on business in the U.S., AND are not employed in any diplomatic or official capacity under a foreign power.

Obama's father DOESN'T meet the criteria.
 
Old 04-02-2013, 02:02 PM
 
3,846 posts, read 2,384,804 times
Reputation: 390
Quote:
Originally Posted by InformedConsent View Post
We live in an idiocracy.


Idiocracy - YouTube

Too many people are easily duped by people trying to con them.


Yes, we know that because Gray WROTE exactly which agreed upon facts bore on the decision:United States v. Wong Kim Ark

Precedent set: Parents must be permanently domiciled in the U.S., AND carry on business in the U.S., AND are not employed in any diplomatic or official capacity under a foreign power.

Obama's father DOESN'T meet the criteria.
And he never did, either.
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