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Jan 11 2009, 11:34 PM EST
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Change: in Section 1 of the Fourteenth Amendment---------------------------------------------------------------------A. INTRODUCTIONDuring the same year Congress debated and approved the Citizenship Clause in 1866, Justice Noah Haynes Swayne in U.S. v. Rhodes declared that:“All persons born in the allegiance of the United States are natural-born citizens. Birth
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Nov 28 2008, 5:42 AM EST
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Change: of citizens of the United States Senator Doolittle quoted during the debate--"all persons subject to the jurisdiction of the United States"--and Justice Harlan asserted in Elk--persons acquire “the rights of national citizenship from and after the moment they become subject to the complete jurisdiction of the United States”? “(23)
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Oct 27 2008, 8:06 AM EDT
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Change: There were only format changes (bold, italics, etc.) in this version. See this version for details.
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Oct 24 2008, 5:51 AM EDT
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Change: And it is to be observed, that it is nec cœlum, nec solum, neither the soil, but ligeantia and obedientia that make the subject born." ("Neitherit is neither the climate nor the soil … but obedienceallegiance and allegianceobedience that makesmake the subject born.
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Oct 24 2008, 5:28 AM EDT
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Change: There were only format changes (bold, italics, etc.) in this version. See this version for details.
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Sep 28 2008, 12:23 AM EDT
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Change: though without any status as citizens of a State.” J. A DESIDERATUM IN THE JURISPRUDENCE AND LEGISLATION In view of all this, it would seem that it was the recognition of a Second
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Sep 25 2008, 7:19 AM EDT
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Change: of citizens of the United States Senator Doolittle quoted during the debate--"all persons subject to the jurisdiction of the United States"--and Justice Harlan asserted in Elk--persons acquire “the rights of national citizenship from and after the moment they become subject to the complete jurisdiction of the United States”? If
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May 8 2008, 10:21 AM EDT
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Change: There were only format changes (bold, italics, etc.) in this version. See this version for details.
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May 8 2008, 10:17 AM EDT
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Change: The stark reality of excluding "the children of aliens" Chief Justice Fuller raised as the more reasonable ground behind the inclusion of the phrase--and its
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Apr 19 2008, 11:39 PM EDT
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Change: “Mr. HOWARD ... This amendment which I have offered is simply declaratory of what I regard as the law of the land already ... by virtue of natural law and national law … This will not, of course, include persons born
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Apr 19 2008, 11:22 PM EDT
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Change: “Mr. HOWARD. I concur entirely with the honorable Senator from Illinois [Trumbull] in holding that the word 'jurisdiction,' as here employed, ought to be construed so as
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Apr 18 2008, 11:42 AM EDT
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Change: Sir EdwardLord Coke equated with “the divine law of nature” or “the eternal law of the Creator”), “birth within the dominions” or “birth within the allegiance” confers the status of “natural-born.” This “belief in the authority of
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Apr 18 2008, 11:30 AM EDT
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Change: or the Case of the Postnati (1608): “Neither the climate nor the soil but obedience and allegiance that makes the subject born.” --Sir William Blackstone, Commentaries on the Laws of England (1765): “Natural-born subjects are such as are born
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Apr 17 2008, 1:51 AM EDT
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Change: Swayne inSwayne, U.S. v. Rhodes (1866 or during the same year Congress enacted the Citizenship Clause in Sec. 1 of the Fourteenth), cited in U.S. v. Wong Kim Ark: “All persons born in the allegiance of the United States
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Apr 14 2008, 8:06 AM EDT
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Change: U.S. citizenship that the author, Senator Howard, certainly, must have phrased his draft to grammatically convey, if only to justify his contention, bold and sweeping as
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Apr 14 2008, 1:28 AM EDT
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Change: col., bold added): "Mr. FESSENDEN. I desire to insert in the first sentence, by general consent, after the word 'born,' the words, 'or naturalized,' so that the clause will read: "All persons born or naturalized in the United States,
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Apr 11 2008, 5:55 AM EDT
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Change: : Unless otherwise indicated, citations from the Congressional Globe, 39th Congress, 1st Session, during the debate to be quoted in this paper are based on the discussion of Senator Howard’s original draft without the words “or naturalized,” particularly pages 2890-2897, May 30, 1866.D. QUALIFYING PHRASEJustice Horace
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Apr 4 2008, 9:20 PM EDT
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Change: “To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. that all children born abroad, provided both their parents were
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Mar 18 2008, 11:07 PM EDT
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Change: "naturalized"; and it is this allegiance owed that"naturalized"--which marks them off from an "alien" subject to a foreign power.Allegiance, in fact, becomesthebecomes the equalizer, for the obligation of allegiance that naturally attaches to the child at birth and creates the birthright of the "natural-born citizen" either by
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Mar 18 2008, 7:14 AM EDT
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Change: as well as persons born in ceded territories over which the United States exercises the rights of sovereignty and jurisdiction are "natural-born" citizens of the United States.An entirely different reading of the Clause to be presented here asserts that the Clause, grammatically read as punctuated, consists instead of a
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