Nate Nibbles wrote:
BFB wrote:
Minor doesn't concern itself with nativity. Minor is all about women's suffrage.
Well, I hate to pick nits, but the court turned down Minor's claim on the 14th Amendment to gain women's suffrage because of the fact she was a Natural Born Citizen.
You are not picking nits. You are inventing nits that do not exist.
The court turned down Minor's claim because suffrage was never a privilege or immunity of citizenship
in the first place. If Minor was not a citizen, she did not have the right to vote, true. But if Minor
was a citizen, she
still did not have the right to vote. Citizenship was
completely irrelevant to whether or not she had the right to vote.
Nate Nibbles wrote:
Then they defined it - that is called an independent ground, and that is a legal term which means that it is part of the holding.
Nothing could be further from the truth. They neither defined it, nor magically converted their
dicta regarding it into a holding.
Quote:
A judge’s power to bind is limited to the issue that is before him; he cannot transmute dictum into decision by waving a wand and uttering the word “hold”.
United States v. Rubin (1979), J. Friendly, concurring
Nate Nibbles wrote:
Minor couldn't use the 14th because she was born to two parent citizens in the country - a born citizen not needing statutory law to claim citizenship or the rights it gives - ergo, her claim failed. You can't discount the reason why she couldn't use the 14th just because of why she was trying to use it.
A complete and actually quite clueless reading of the decision. The citizenship clause of the 14th Amendment had
nothing to do with the case. The only reason the 14th Amendment was relevant was because it was the source of the "privileges or immunities" clause under which Minor claimed a Constitution right to suffrage. The "privileges or immunities" clause is relevant to
any citizen, regardless of their class. It is as valid of
naturalized citizens as of natural born.
Nate Nibbles wrote:
Sorry, but I was looking for an actual answer, not just a "birfer bs" auto response. And not about Minor for that matter.
At this point, I am confident you have received one. Do you not agree?