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Old 06-18-2013, 12:21 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,700 times
Reputation: 3954

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Quote:
Originally Posted by InformedConsent View Post
Gray NEVER referred to Wong Kim Ark as a "natural born citizen."
And yet both the dissenting justice and the losing attorney understood explicitly that Gray's decisision declared Wong eligible for the presidency.

Justice Fuller got it. Attorney Collins got it. 23 subsequent courts get it. I get it.

What's your excuse?
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Old 06-18-2013, 12:25 PM
 
Location: the very edge of the continent
88,989 posts, read 44,799,475 times
Reputation: 13693
Quote:
Originally Posted by HistorianDude View Post
The Journal article agrees with me completely.
No, it does not.
Quote:
"This section differentiates and defines "alien" and "foreigner" and related words using legal, international, and general lexicons available to the First Federal Congress.
..."A 'foreigner' is defined as an individual who: 1) is foreign-born, or more specifically, is a foreign citizen or subject"
http://scholarship.law.berkeley.edu/...0&context=bjil

Both Obama and the DNC have admitted Obama was a foreign citizen/subject at birth:
Quote:
"When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.'s children."
Fight the Smears: The Truth About Barack
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Old 06-18-2013, 12:29 PM
 
Location: the very edge of the continent
88,989 posts, read 44,799,475 times
Reputation: 13693
Quote:
Originally Posted by HistorianDude View Post
She was clearly a natural born citizen.

Her parents citizenship status had nothing obvious to do with it.
False. Elg's parents' citizenship status was the basis of the entire case. SCOTUS specifically ruled that Elg's father's postnatal abbrogation of his U.S. citizenship to become a foreign citizen didn't impact his daughter's citizenship at birth status.
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Old 06-18-2013, 12:32 PM
 
Location: the very edge of the continent
88,989 posts, read 44,799,475 times
Reputation: 13693
Quote:
Originally Posted by HistorianDude View Post
She was clearly a natural born citizen.

Her parents citizenship status had nothing obvious to do with it.
Merely quoting "citizen" is meaningless. The Constitutional requirement is "natural born citizen."

Refer to the SCOTUS cases I've posted in which SCOTUS referred to specific individuals as "natural born citizens" based upon both their location of birth and the citizenship status of their parents at the time of birth.
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Old 06-18-2013, 12:34 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,700 times
Reputation: 3954
Quote:
Originally Posted by InformedConsent View Post
No, it does not.
Are you nuts? The entire purpose of the article is to make an argument that the use of the term "aliens" restricts the application of the Alien Torts Statute to people living in the US. It does so by exhaustively making a single distinction between "aliens" and "foreigners."

"Aliens" are non-citizens who live in the US, and "foreigners" are non-citizens who do not live in the US.

You could not have chosen a worse article to argue against my assertion. The article crushes your entire position so comprehensively that it is breathtaking you are deluded otherwise.

Again... under the explicit definition of US law, a US citizen or national cannot be a foreigner.

Quote:
8 USC § 1101 - Definitions

(3) The term “alien” means any person not a citizen or national of the United States.
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Old 06-18-2013, 12:35 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,700 times
Reputation: 3954
Quote:
Originally Posted by InformedConsent View Post
False. Elg's parents' citizenship status was the basis of the entire case.
Nowhere in the case does it ever say that.
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Old 06-18-2013, 12:36 PM
 
Location: the very edge of the continent
88,989 posts, read 44,799,475 times
Reputation: 13693
Quote:
Originally Posted by HistorianDude View Post
And yet both the dissenting justice and the losing attorney understood explicitly that Gray's decisision declared Wong eligible for the presidency.
Gray NEVER said so himself. Think about that. Carefully.

Gray also NEVER referred to Wong Kim Ark as a "natural born citizen" even after his meandering verbiage. He knew better than to do so. Why don't you?

Subsequent SCOTUS decisions have always ONLY referred to those born in the U.S. to two citizen parents as "natural born citizens." I've posted two of the cases.
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Old 06-18-2013, 12:37 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,700 times
Reputation: 3954
Quote:
Originally Posted by InformedConsent View Post
Merely quoting "citizen" is meaningless. The Constitutional requirement is "natural born citizen."
And has been repeatedly established, the Constitution recognizes two and only two classes of citizenship; natural born and naturalized.

There is no third class.
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Old 06-18-2013, 12:38 PM
 
Location: Littleton, CO
20,892 posts, read 16,073,700 times
Reputation: 3954
Quote:
Originally Posted by InformedConsent View Post
Gray NEVER said so himself.
So what? Why would he need to? His definition of natural-born citizen allows no other conclusions. Collins even argued so ahead of time and Gray never corrected him.

Everybody else already got it.

What again is your excuse?
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Old 06-18-2013, 12:44 PM
 
Location: the very edge of the continent
88,989 posts, read 44,799,475 times
Reputation: 13693
Quote:
Originally Posted by HistorianDude View Post
The entire purpose of the article is to make an argument that the use of the term "aliens" restricts the application of the Alien Torts Statute to people living in the US. It does so by exhaustively making a single distinction between "aliens" and "foreigners."

"Aliens" are non-citizens who live in the US, and "foreigners" are non-citizens who do not live in the US.
False.
Quote:
"This section differentiates and defines "alien" and "foreigner" and related words using legal, international, and general lexicons available to the First Federal Congress.
..."A 'foreigner' is defined as an individual who: 1) is foreign-born, or more specifically, is a foreign citizen or subject"
http://scholarship.law.berkeley.edu/...0&context=bjil

Notice there is NO stipulation as to place of residence. The only qualification is foreign-born and/or foreign citizenship status.

Both Obama and the DNC have already admitted Obama was a foreign citizen/subject at birth. The British Nationality ct of 1948 provides exactly for such.
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