The Girl Reporter Runs To Warn The World That The Minor Happersett Virus (MHV) Has Broken Out Of Squirrel City
Well, I have been writing a lot of Internet Articles lately about the Minor v. Happersett voting rights case from 1875. The two citizen parent Birthers (who I also teasingly call the Vattle Birthers, because of their reliance on Emerich de Vattel) have worked themselves into an illogical frenzy trying to make the case say things it doesn’t. Here is the language which drives the Vattle Birthers into mindless babbling insanity:
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. 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. For the purposes of this case it is not necessary to solve these doubts.
Clearly, the judges in that case are NOT tackling the issue of whether children born here of foreigners are natural born citizens. The Wong Kim Ark SCOTUS case did that 23 years later in 1898. In addition to being a matter of common sense and basic reading skills, the fact that Minor v. Happersett did NOT resolve the issue is also a matter of law. The Indiana Court of Appeals stated in 2009, in a Vattle Birther suit:
Id. at 167-168. Thus, the [Minor] Court left open the issue of whether a person who is born within the United States of alien parents is considered a natural born citizen.12
While this should be enough for people with common sense, no one can accuse the Vattle Birthers of suffering from that particular affliction. An outfit called the Liberty Legal Foundation filed suit in federal court and state court against the National Democratic Party, and asking the Court to affirm the definition of natural born citizenship in Minor v. Happersett. Here is the link to the lawsuit, and the idiotic language is in the second paragraph:
Here is the paragraph:
2. This Complaint does not request or require this Court to find that President Obama is not qualified to hold the office of President of the United States. Instead, this complaint is directed toward defining the term “natural born citizen” under the Constitution of the United States, and toward negligence or intentionalmisrepresentations of the Democratic Party. This Complaint requests this Court to affirm the Supreme Court’s definition of “natural born citizen” as “all children born in a country of parents who were its citizens.” See Minor v. Happersett, 88 U.S.162 (1875)
This so-called precedent is not a precedent and can’t be since it did not resolve the issue. To try to use it as such is both evil and stupid. It should not take the court long to drive a stake through the heart of this Precedent Evil.
Squeeky Fromm
Girl Reporter
Note: The title of this Internet Article is a pun based on the Resident Evil series of movies and video games. Squirrel City is a play on Raccoon City, which (as wiki says) is a fictional metropolis located in the Arklay Mountains of North America that succumbed to the deadly T-Virus outbreak and was consequently destroyed via a nuclear missile attack issued by the United States government. The town served a critical junction for the series’ progression as one of the main catalysts to Umbrella’s downfall as well as the entry point for some of the series’ most notable characters. Of course Squirrel also implies the Vattle Birthers are nutz. The MHV Virus is a spoof on the T-Virus.
The heroine is Alice Abernathy. Here is a great drawing of her by GorillazFiggo and can be found at:
http://gorillazfiggo.deviantart.com/art/Alice-Resident-Evil-187613566
Alice, Resident Evil by GorillazFiggo
October 28th, 2011 at 4:20 pm
“For the purposes of this case it is not necessary to solve these doubts.”(doubts about the CITIZENSHIP of the others, not the natural born citizenship of them).
“Clearly, the judges in that case are NOT tackling the issue of whether children born here of foreigners are natural born citizens. ”
(clearly, they are not tackling the issue of whether children born here of foreigners are CITIZENS) (WKA did and the ruling was that he was a CITIZEN, not a NBC. Read it.)
October 29th, 2011 at 7:51 am
I disagree, Ad Hominem:
“For the purposes of this case it is not necessary to solve these doubts.”(doubts about the LOYALTY of the others (the 14th Amendment citizens), but not about the loyalty of a natural born citizen).
Wong Kim Ark did address the children, as it reads, of foreigners born within the jurisdiction.
The Wong court did not bestow citizenship purely on jus soli grounds, as many suppose. The Wong court took judicial notice that Wong’s parents were domiciled within the jurisdiction (over five years), had no intention of ever leaving the jurisdiction, and were legally prohibited from naturalizing. In other words: the Wong court recognized Wong’s parents as naturalized citizens, and thus awarded Ark his citizenship.
Again, the Wong court recognized a hitherto unrecognized legal precedent set in the Minor Court when that court stated “Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. The legal precedent established here is that citizenship by birth can only be obtained by a person born of citizen parents within the jurisdiction.
ex animo
davidfarrar
October 31st, 2011 at 8:55 pm
Well, sometimes I feel like I have to be stern, drag people into the Wong Kim Ark case 23 years later.
Squeeky Fromm
Girl Reporter
October 31st, 2011 at 9:07 pm
23 years after what, Squeeky?
October 31st, 2011 at 9:26 pm
Hi Ernest Frank!!!
23 years after the Minor Happersett case. Because 1898 minus 1875 is 23 years. This whole Minor Happersett thingy is just one big distraction by the Vattle Birthers.
It is like History just took a grand rest after Minor, all the way to 2011.
Squeeky Fromm
Girl Reporter