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The question put to the Supreme Court in the case of The Lost Ark, was, "is this guy a citizen"?
So far, so good.
Quote:
Originally Posted by Statutory Ape
The United States Supreme Court ruled that because his alien parents birthed him on U.S. soil, he ws a citizen of the United States. (Just of American soil, but not of American soul).
And since the US Constitution recognizes only two classes of citizen (natural-born and naturalized) that makes him a natural-born US citizen.
Quote:
Originally Posted by Statutory Ape
The question as to whether he was a natural born citizen per constitutional qualification for the presidency was not asked, and rightfully therefore, not answered.
Actually it was answered. If you do not think so, read Justice Fuller's dissent. He points out explicitly that the majority decision made Wong eligible for the US Presidency. And he was no more happy about than you are. He just didn't try to deny the truth.
Wong Kim Ark remains to this day the only SCOTUS decision that has ever been cited as precedent in any subsequent case regarding the definition of natural-born citizen.
Quote:
Originally Posted by Statutory Ape
Dicta is just that, DICTA.
Too bad that the Wong definition is not dicta, then. The conclusion that Wong Kim Ark was a citizen at birth could not be reached without the definition of natural-born citizen settled on by Justice Gray. Therefore it is not dicta at all. It is ratio decidendi. To whit:
Anyone born on US soil who is not the child of a foreign diplomat or an alien army in hostile occupation is a natural-born US citizen.
If it is true it will be one of the greatest scandals in history.
yes it would.
for all aspects of birtherism to be correct requires a conspiracy that involves hundreds of thousands of people, all branches of US government and military, multiple foreign governments and dates back hundreds of years.
another possibility is that the birthers are wrong.
Quote:
I don't know what the effects would be as far as if Romney would become President or if Biden would and what it would do to the various executive orders and laws he has signed into effect.
in this hypothetical scenario obama would still need to be impeached by congress, biden would assume the presidency and all executive orders would remain valid under the de facto officer doctrine ( there is no "runner-up" clause in the US constitution for romney ).
Quote:
But even if everything remained in place and Biden replaced him, it would still be an epic even in history.
And since the US Constitution recognizes only two classes of citizen (natural-born and naturalized) that makes him a natural-born US citizen.
Actually it was answered. If you do not think so, read Justice Fuller's dissent. He points out explicitly that the majority decision made Wong eligible for the US Presidency. And he was no more happy about than you are. He just didn't try to deny the truth.
Wong Kim Ark remains to this day the only SCOTUS decision that has ever been cited as precedent in any subsequent case regarding the definition of natural-born citizen.
Too bad that the Wong definition is not dicta, then. The conclusion that Wong Kim Ark was a citizen at birth could not be reached without the definition of natural-born citizen settled on by Justice Gray. Therefore it is not dicta at all. It is ratio decidendi. To whit:
Anyone born on US soil who is not the child of a foreign diplomat or an alien army in hostile occupation is a natural-born US citizen.
So far, so good.
And since the US Constitution recognizes only two classes of citizen (natural-born and naturalized) that makes him a natural-born US citizen.
You're fabricating atop constitutional fabric, in fact, embroidering
Actually it was answered. If you do not think so, read Justice Fuller's dissent. He points out explicitly that the majority decision made Wong eligible for the US Presidency. And he was no more happy about than you are. He just didn't try to deny the truth.
He was wrong, evidenced by the fact he was unable to keep himself to the the question presented to the Court.
Wong Kim Ark remains to this day the only SCOTUS decision that has ever been cited as precedent in any subsequent case regarding the definition of natural-born citizen.
And it, as are you, are FULL of dicta.
Too bad that the Wong definition is not dicta, then. The conclusion that Wong Kim Ark was a citizen at birth could not be reached without the definition of natural-born citizen settled on by Justice Gray. Therefore it is not dicta at all. It is ratio decidendi. To whit:
Sua sponte, pulled out of his butt.
Anyone born on US soil who is not the child of a foreign diplomat or an alien army in hostile occupation is a natural-born US citizen.
Native born, not needing naturalization.
Mince meat pie is fine, but one should never mince or mix words.
You seem to be attempting to make hamburger out of the U.S. Constitution.
the "2 US citizen parents" theory has lost in court 13times now and neither romney, mccain or clinton embraced it during their respective campaigns so....... obviously somebody is buying it.
nowhere in vattel's original writings translates to "natural born citizen". the first time the phrase is used in a translation of vattel is 10years after the ratification of the US constitution and long after vattel's death.
The Framers were multi-lingual, and well educated.
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