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US Supreme Court in the Minor v Happersett case agreed with the doubts that a native-born child to aliens, was a US citizen at all, and further that the doubts had merit as they were yet to be solved.
Those doubts were "solved" by the decision in US v. Wong Kim Ark.
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Originally Posted by MichaelNo
Seems like your quotes where the word "native" was used, were really intended to mean born of US citizen parents and in the US.
US Supreme Court in the Minor v Happersett case agreed with the doubts that a native-born child to aliens, was a US citizen at all, and further that the doubts had merit as they were yet to be solved.
Seems like your quotes where the word "native" was used, were really intended to mean born of US citizen parents and in the US.
Minor V Happersett was a woman's suffrage case. It didn't address the issue of "native-born child to aliens" citizenship at all.
In the Wong Kim Ark DECISION, Chief Justice Horace Gray cited favorably, without opposition, to both the Minor decision and to Horace Binney's recognition of TWO types of born citizens of the US, in Binney's words they were....
1. "the child of an alien, if born in the country"
and
2. "the natural born child of a citizen"
Those clauses identify two types of children. Not two types of citizen.
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Originally Posted by MichaelNo
This proves that both the decisions of Minor and Wong Kim Ark associated the words "natural born" to the US citizen status of the PARENTS.
Too bad then that the definition of natural born citizen does not.
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“It is an established maxim, received by all political writers, that every person owes a natural allegiance to the government of that country in which he is born. Allegiance is defined to be a tie, that binds the subject to the state, and in consequence of his obedience, he is entitled to protection… The children of aliens, born in this state, are considered as natural born subjects, and have the same rights with the rest of the citizens.”
Zephaniah Swift, Volumes 1-2 of A System of the Laws of the State of Connecticut: In Six Books, pg. 163,167 (1795)
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“And if, at common law, all human beings born within the ligeance of the King, and under the King’s obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary. . . . Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.”
James Kent,COMMENTARIES ON AMERICAN LAW, pg. 258 (1826)
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“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence,…A very respectable political writer makes the following pertinent remarks upon this subject. “Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.”
St. George Tucker, BLACKSTONE’S COMMENTARIES (1803)
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“The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.”
Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)
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“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”
William Rawle, A View of the Constitution of the United States, pg. 86 (1829)
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“The common law principle of allegiance was the law of all the States at the time of the Revolution and at the adoption of the Constitution, and, by that principle, the citizens of the United States are, with the exceptions before mentioned, such only as are either born or made so, born within the limits and under the jurisdiction of the United States or naturalized by the authority of law, either in one of the States before the Constitution or, since that time, by virtue of an act of the Congress of the United States. The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle…. But the law of France rejects the principle of the English law, and of our own laws, that birth within the limits and jurisdiction of France, makes a Frenchman, or a natural-born citizen or subject of France, absolutely,…”
“That all natural born citizens, or persons born within the limits of the United States, and all aliens subject to the restrictions hereinafter mentioned, may inherit real estate and make their pedigree by descent from any ancestor lineal or collateral…”
January 28, 1838, Acts of the State of Tennessee passed at the General Assembly, pg. 266 (1838)
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“The term citizen, was used in the constitution as a word, the meaning of which was already established and well understood. And the constitution itself contains a direct recognition of the subsisting common law principle, in the section which defines the qualification of the President… The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not. ”
Lynch vs. Clarke (NY 1844)
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“This is called becoming naturalized; that is, becoming entitled to all the rights and privileges of natural born citizens, or citizens born in this country.”
Andrew White Young, First lessons in Civil Government, pg. 82 (1856).
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“The Constitution itself does not make the citizens, (it is. in fact,made by them.) It only intends and recognizes such of them as are natural—home-born—and provides for the naturalization of such of them as were alien—foreign-born—making the latter, as far as nature will allow, like the former. …”
Attorney General Bates, Opinion of Citizenship, (1862)
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“All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. There are two exceptions, and only two, to the universality of its application. The children of ambassadors are in theory born in the allegiance of the powers the ambassadors represent, and slaves, in legal contemplation, are property, and not persons.”
Justice Swayne,United States v. Rhodes, 1 Abbott, US 28 (Cir. Ct. Ky 1866)
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“in like manner every one who first saw the light on the American soil was a natural-born citizen ; but the power of naturalization, which, under the king, each colony had claimed to regulate by its own laws, remained under the confederacy with the separate states.”
George Bancroft, History of the United States, from the Discovery of the American Continent: The American Revolution., pg. 439 (1866)
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“Every person born within the United States, its Territories, or districts, whether the parents are citizens or aliens, is a natural-born citizen of the United States in the sense of the Constitution…Natural-born subjects are such as are born within the dominions of the crown of England; that is, within the ligeance, or, as it is generally called, the allegiance of the King; and aliens are such as are born out of it.” …… “It makes a man a subject in England, and a citizen here, and is, as Blackstone declares, ‘founded in reason and the nature of government’ … The English Law made no distinction … in declaring that all persons born within its jurisdiction are natural-born subjects. This law bound the colonies before the revolution, and was not changed afterward.”
“A Natural Born Citizen.” — Not made by law or otherwise, but born… “Natural Born Citizen” recognizes and reaffirms the universal principle common to all nations, and as old as political society, that the people born to a country do constitute the nation, and, as individual, are natural members of the body politic…Every person born in the country is, at the moment of birth, prima facie a citizen.”
George Washington Paschal, THE CONSTITUTION OF THE UNITED STATES DEFINED AND CAREFULLY ANNOTATED, (1868)
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“All persons born in the limits and under the actual obedience of the United States were its “natural-born citizens”; and it is in this sense that the phrase is used in section one of article two of the constitution.”
John Joseph Lalor, Cyclopædia of political science, political economy, and of the political history of the United States, Volume 2, pg. 948 (1883)
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“So, also, any person born of a foreign father in any place subject to the jurisdiction of the United States, may be a natural- born American citizen, if he choose. In these doubtful cases the person may choose the country of his father or the country of his birth. So that a person may be a natural-born citizen of the United States, without being a native of the United States.”
Albert Orville Wright, An Exposition on the Constitution of the United States, (31st Ed.) (1888).
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“There is no uniform rule among nations by which the nationality of effect of birth a person may be determined from the place of his birth. England and America claim all who are born within their dominions as natural-born subjects or citizens, whatever may have been the parents’ nationality.”
Henry Wheaton, Elements of International Law, 1889 edition.
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“Natural-born Citizens, those that are born within the jurisdiction of a national government; i.e., in its territorial limits, or those born of citizens, temporarily residing abroad.”
William Cox Cochran, The student’s law lexicon: a dictionary of legal words and phrases : with appendices, Pg. 185 (1888)
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“Citizens are either natural-born or naturalized. One who is born in the United States or under its jurisdiction is a natural-born citizen without reference to the nationality of his parents. Their presence here constitutes a temporary allegiance, sufficient to make a child a citizen.”
Theodore Dwight, Edward Dwight, Commentaries on the law of persons and personal property, pg. 125 (1894)
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“Citizens may be divided into two classes : natural born and alien born. Natural-born citizens are of two kinds: native born—those born of either American or alien parents within the jurisdiction of the United Slates, and foreign born—those born of American parents without the Jurisdiction of the United States.”
John Clark Ridpath, The standard American encyclopedia of arts, sciences, history, biography, geography, statistics, and general knowledge, Volume 8, pg 3058 (1897).
I have more.... but it's getting boring beating up defenseless Australians.
Quite. The Kwock decision does not contradict the Luria decision's assertion that native born citizens are natural born at all.
Can you prove Obama even meets U.S. citizenship law requirements? According to law, citizens at birth are required to be "subject to the jurisdiction" of the U.S. And as we all know, Senate Judiciary Committee Chairman Trumbull defined that requirement in the Congressional Record as: "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."
But Obama and the DNC have already publicly stated that the British Nationality Act of 1948 governed Obama's status at birth. Therefore, we KNOW Obama owed allegiance to somebody else.
Since Obama doesn't meet 14th Amendment or the 'Nationals and citizens of United States at birth' federal law requirements in effect at the time of his birth, what else can you cite that makes him a U.S. citizen?
US Supreme Court in the Minor v Happersett case agreed with the doubts that a native-born child to aliens, was a US citizen at all, and further that the doubts had merit as they were yet to be solved.
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