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Originally Posted by Shoonra
Ahem. US Constitution, Article I, sec. 2, clause 2:
No person shall be a Representative who shall not have ... been seven years a Citizen of the United States ....
US Constitution, Article I, sec. 3, clause 3:
No person shall be a Senator who shall not have ... been nine years a Citizen of the United States ....
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Shoonra, the following has been broken down in paragraph numbers/letters
please provide rebuttals referencing any law or authority which contradicts such and reference each point raised by paragraph letter/number
Declarations are INSUFFICIENT as declarations premit LYING BY OMMISSION
Your failure to rebut, on a point by point basis & referencing each paragraph shall be your tacit admission to the following
Maybe one of these days you will realize that you have bought into a lie, hook, line, & sinker
This is where you will have to throw away your ego, Shoonra, and believe in something which counts
whether you are fixin' to retire from your government job or not
From the desk of Weis:
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(a) Did the status of United States citizen or citizen of the United States exist as a National form of citizenship prior to the 14th amendment and was the term “United States” in regards to citizenship referred to in the singular prior to the Fourteenth amendment?
(1) James G. Blaine, a congressman for BOTH the 39th & 40th Congresses; a member of the committee of 15 who initiated the colorable Reconstruction Acts which forced the implementation of the 14th Amendment through unconstitutional martial Law measures; and one of the main drafters of the language of the 14th Amendment said the following regarding United States citizenship as described in the Fourteenth Amendment:“ The slaves recently emancipated by proclamation, and subsequently by Constitutional Amendment, have no civil status. They should be made citizens. We do not, by making them citizens, make them voters,—we do not, in this Constitutional Amendment, attempt to force them upon Southern white men as equals at the ballot-box; but we do intend that they shall be admitted to citizenship, that they shall have the protection of the laws, that they shall not, any more than the rebels shall, be deprived of life, of liberty, of property, without due process of law, and that “they shall not be denied the equal protection of the law.” And in making this extension of citizenship, we are not confining the breadth and scope of our efforts to the negro. It is for the white man as well. We intend to make citizenship National. Heretofore, a man has been a citizen of the United States because he was a citizen of some-one of the States: now, we propose to reverse that, and make him a citizen of any State where he chooses to reside, by defining in advance his National citizenship—and our Amendment declares that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside.” This Amendment will prove a great beneficence to this generation, and to all who shall succeed us in the rights of American citizenship; and we ask the people of the revolted States to consent to this condition as an antecedent step to their re-admission to Congress with Senators and Representatives.” POLITICAL DISCUSSIONS LEGISLATIVE, DIPLOMATIC, AND POPULAR 1856-1886 sec 61. The Reconstruction Problem- JAMES G. BLAINE. NORWICH, CONN. THE HENRY BILL PUBLISHING COMPANY 1887 (2) Since Blaine said that the only form of citizenship was that of a state citizenship conferred in one of the Union states prior to the 14th amendment, then The term “United States” as used in regards to citizenship prior to the 14th amendment always referred to the United States in the plural sense and not as a singular entity.
(3) Therefore, A United States National citizenship did not exist prior to the 14th Amendment and the term “citizen of the United States” never referred to a National form of citizenship.
(b) Did the language in the Civil Rights Act of 1866 (14 Stat. 27) set the premise for this aforementioned National Citizenship as decreed in the 14th Amendment?(1) CONGRESS'S POWER TO ENFORCE FOURTEENTH AMENDMENT RIGHTS: LESSONS FROM FEDERAL REMEDIES THE FRAMERS ENACTED by Robert J. Kaczorowski Copyright © 2005 by the President and Fellows of Harvard College Harvard Journal on Legislation (JOL) - Volume 42, Number 1, Winter 2005 says that : “Because the provisions of the Civil Rights Act of 1866 are central to the meaning and scope of the Fourteenth Amendment, it is necessary to examine the statute's provisions. In brief, the Civil Rights Act of 1866 conferred U.S. citizenship on all Americans” (2) Since this Analysis states that the Fourteenth Amendment’s scope was set forth by the Civil Rights Act regarding citizenship, the concept of a “citizen of the United States” being a singular National citizenship was first set forth by the Civil Rights Act and later incorporated into the Fourteenth Amendment.
(3) Therefore the Civil Rights Act of 1866 did in fact set the premise for this unprecedented National citizenship as decreed in the 14th Amendment.
(c) Did the several Union states have power to confer their respective state citizenship around the time of the Civil Rights Act and was the “citizen of the United States” status written in the Civil Rights Act only a Federal citizenship?(1) March 27, 1866 - Johnson’s Veto of the Civil Rights Act - Senate Journal, p.279: says that, “By the first section of the bill all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. It does not purport to declare or confer any other right of citizenship than federal citizenship. It does not purport to give these classes of persons any status as citizens of States, except that which may result from their status as citizens of the United States. The power to confer the right of State citizenship is just as exclusively with the several States as the power to confer the right of federal citizenship is with Congress.” (2) Since the President of the United States of America in 1866 said that this “citizen of the United States” status could only be a singular Federal citizenship and not one which is conferred by any one of the several states, then this aforementioned singular National citizenship status implemented by the Fourteenth amendment can only be a federal type of citizenship which emanates out of Washington D.C.
(3) Therefore, the “citizen of the United States” status in both the Civil Rights Act of 1866 and the 14th Amendment can only be construed to mean a Federal or National form of citizenship emanating out of Washington D.C.
(4) Since the President of the United States of America in 1866 said that the conferring of a singular state citizenship was an exclusive power reserved to any one of the Union states, then the several states at the time had the power to confer their respective state citizenship to the exclusion of the federal government conferring such citizenship.
(5) Therefore, the federal government had no power to confer state citizenship because it was a power reserved only exclusively for any one of the several Union states.
(6) Some more citations to illustrate that, prior to the 14th amendment, “citizen of the united States” always meant a citizen of only one of the several Union States, that the term “United States” always was used in a plural sense and not a singular sense , and that Congress never had any power to confer state citizenship:(A) Ex Parte Knowles 5 Cal. 300 (1855) "A citizen of any one of the States of the union, is held to be, and called a citizen of the United States, although technically and abstractly there is no such thing. To conceive a citizen of the United States who is not a citizen of some one of the States, is totally foreign to the idea, and inconsistent with the proper construction and common understanding of the expression as use in the Constitution, which must be deduced from its various other provisions. The object then to be obtained, by the exercise of the power of naturalization, was to make citizens of the respective States”
(B) Sharon v. Hill, (1885) 26 F 337, 343."Prior to the adoption of this amendment, strictly speaking, there were no citizens of the United States, but only some one of them. Congress had the power "to establish an uniform rule of naturalization," but not the power to make a naturalized alien a citizen of any state. But the states generally provided that such persons might, on sufficient residence therein, become citizens thereof, and then the courts held, ab convenienti, rather than otherwise, that they became ipso facto citizens of the United States”.
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