tag:blogger.com,1999:blog-1082955825830729884.post8638368999016195954..comments2023-09-14T18:55:54.390-04:00Comments on Amo Probos: A Response to Reginald Oh’s Newsweek Article: Born in the U.S.A.: Kamala Harris Is Eligible to Become Vice President Montgomery Blair Sibleyhttp://www.blogger.com/profile/07526912942989615081noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-1082955825830729884.post-34056527294887054632020-08-29T14:16:48.491-04:002020-08-29T14:16:48.491-04:00Actually you are still misinterpreting the dicta i...Actually you are still misinterpreting the dicta in Minor, which of course was a voting rights and not a citizenship case. The opinion in Minor states "At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first." So Minor left open the question of the birth right citizenship of the children of aliens. And it goes on to say it was not going to tackle that question.<br /><br />As for evidence of the doubts mentioned in Minor the US government tried to deny the birthright citizenship of Wong Kim Ark in the 1890's who was born in California to two Chinese aliens. The ruling in US v Wong Kim Ark was that Wong was a citizen at birth under the 14th Amendment and under common law that determined citizenship before the adoption of the 14th Amendment. <br /><br />Wong had to be a natural born citizen because he was never naturalized and the Supreme Court in both Minor and Wong Kim Ark recognizes only two types of citizens, natural born and naturalized. The dissent in Wong Kim Ark and contemporary scholars all recognized that if the court ruled Wong's favor he would be eligible to serve as president. In the case of the dissent in the case this conclusion was suppose to show the decision had dire consequences. In hindsight we can just chalk that up to Xenophobia that was widespread in that time. <br /><br />Winning or losing in court ultimately does matter. That is especially true in the case of the "two citizen parent" theory of NBC. It has lost multiple times in venues at both the state and federal levels. Judges have even gone so far as to point out that Minor doesn't say what you claim it does. Reality Checkhttps://www.blogger.com/profile/00126783152381564733noreply@blogger.comtag:blogger.com,1999:blog-1082955825830729884.post-45178034131020156162020-08-26T08:18:01.437-04:002020-08-26T08:18:01.437-04:00Winning in Court is not an indication of being rig...Winning in Court is not an indication of being right or wrong: See Plessy v. Ferguson. For sake of argument, assuming that the Minor language is just obiter dicta, it still does convey the understanding of the definition of "natural born Citizen" to jurists at the time: Two US citizen parents at the time of birth.Montgomery Blair Sibleyhttps://www.blogger.com/profile/07526912942989615081noreply@blogger.comtag:blogger.com,1999:blog-1082955825830729884.post-41601733240548874052020-08-19T08:31:54.868-04:002020-08-19T08:31:54.868-04:00You said you have extensive litigation experience ...You said you have extensive litigation experience in this area. How many cases have you won?<br /><br />The first part of Minor is dicta and doesn't even say that children of aliens born on US soil are not natural born citizens. It just says there had been doubts. The doubts were removed in 1898. For someone with "extensive experience" in this area your reading comprehension is just awful. Reality Checkhttps://www.blogger.com/profile/00126783152381564733noreply@blogger.comtag:blogger.com,1999:blog-1082955825830729884.post-88739871194680260972020-08-15T15:52:19.982-04:002020-08-15T15:52:19.982-04:00Hey there Monty, it's been a long time! I cert...Hey there Monty, it's been a long time! I certainly wish that the truth will come out this time!Tracy Fairhttps://www.blogger.com/profile/02677290508464852698noreply@blogger.com