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Lt. Governor Upholds Judge's Decision on Obama's Eligibility

President Barack Obama has officially been listed as a candidate on New Jersey's primary ballot.

 

An administrative law judge's ruling that President Barack Obama is eligible to appear on New Jersey's upcoming primary ballot was upheld by Lt. Governor Kim Guadagno, a spokesman for New Jersey's Division of Elections said early Friday afternoon.

Spokesman Shawn Crisafulli said in an email that all candidates for all offices, including the President of the United States, have now been officially certified and sent to the countries per statute.

Attorney Mario Apuzzo, representing New Jersey residents Nick Purpura and Ted Moran, challenged Obama's placement on the June 5 primary ballot on the basis that the president is not a natural born United States citizen and that a birth certificate released last April by the White House was fraudulent.

Administrative Law Judge Jeff Masin determined that the challenge was not valid. His decision was not based on Obama's birth, but rather on his placement on the state's ballot. As president, Obama's name automatically appears on the ballot without his consent. Thus Obama cannot be held responsible for his own eligibility.

Apuzzo, who was not immediately available for comment Friday afternoon, has vowed to fight the decision saying he'll go as far as the U.S. Supreme Court if he has to.

Related Topics: New Jersey Department of State and birthers

Diogenes

1:49 pm on Friday, April 13, 2012

Isn't there some kind of NJ statute that permits an attorney only so many frivolous and malicious lawsuits before he/she is suspended or disbarred from the practice of law? If not so, NJ lawmakers should introduce such a bill. It could be considered as a tax saving and cost-cuting move, since it would reduce taxpayer expenditures for legal cockroaches that are clogging up the system with these birther suits. In true Jersey tradition, we could call it Mario's Law. Hmmm--speakng of suits--now that I think of it, birthers should be required to wear special suits, preferably ones that fasten in the back and have ropes attached to the sleeves for total wrap-around security. They could be called "Apuzzo suits"

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yoadrian balboa

7:29 pm on Saturday, April 14, 2012

Why are you people attempting to silence the american people, this isn't some frivilous nonsense like some lawsuits that you claim here, this is a national security issue and i'm sorry, you are not going to just sweep this away. There are major concerns here that have to be answered and not next year, NOW! Now, to be fair in obamas words, lets all just have these questions be answered by obama so we can all move forward, whats wrong with that? The american people just want to know because there are alot of unanswered questions, WHY are his documents forged? Why don't some people want this to be solved?? What is the problem? Obama can simply present his LEGAL documents and we can all move on to making him a one term president. Oh yeah, there's a problem there as well, it seems that obama has sold the US election tally to a company in Spain called SCYTL who happen to be funded by surprise, ex goldman sachs executives and not one person from the United States will have any say regarding our votes!!! Oh yeah, SCYTL is centered in yeah the UK. Look up Michael Savage "how obama fixed the 2012 election" Now you can see why these questions must be answered!

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Will737

4:33 am on Sunday, May 6, 2012

It's funny that you asked. Mario Apuzzo already had a federal circuit court of appeals issue an order to show cause against him to force him to show cause as to why he and his client should not have to pay the other sides' attorneys' fees in Kirchner v. Obama. Mario Apuzzo in that case had to write a 95-page brief explaining why he was so pathetically ignorant and stupid so as to be enough of a lunatic as to believe that he had some kind of case, no matter how pathetic. His big two arguments were this: 1. He was too stupid to know that cases in other Federal circuits applied to that federal circuit, and 2. Please please please don't punish stupid little me because they might disbar me. The federal judges let both their hearts and their brains get soft, and they let the dishonest clown off. This is why Mario Apuzzo doesn't dare to ever go to federal court with this nonsense again. My prediction is that Mario lied; there will be no Federal appeal after the state courts are exhausted.

Sal

3:26 pm on Friday, April 13, 2012

It is sad indeed, but at least 20% of the population still does not get it and unfortunately they never will get it either.
Even if (Big IF) Obama was born in the African nation of Nigeria or in India or Japan etc. etc. ___he is still a "Born American citizen" because his mother was an American citizen. IF any American is on vacation in Berlin, Paris, Rome etc. and gives birth while outside of the USA___their child is automatically a "Born American Citizen"___regardless of what country the child is born in. Yet very sadly over 20% of our population still does not get it. And even sadder still they never will get it.

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Neil Johnson

9:37 pm on Friday, April 13, 2012

Sal, have you ever read Article II, Section 1, Clause 5 of the Constitution? There it says the president must be a natural born citizen. This is a class of citizenship distinct from citizen. Only the president among all the offices in the federal government must be a natural born citizen.

Article I states that members of Congress must be "citizens." Representatives must have been citizens for seven years and senators nine years. There is no requirement that the president must be a natural born citizen for a certain number of years, because natural born citizenship is acquired at birth, naturally from your parents who must both be citizens.

This definition is clearly stated in Minor v. Happersett. Since Obama has documented that he was born subject to the British Nationality Act of 1948 by virtue of his Kenyan father who never became a U.S. citizen, he was born with dual allegiance. He is not a natural born citizen. He may be a citizen if he was born on U.S. soil but he has not established that with a legitimate birth certificate.

If he was born on foreign soil, he would not even be a citizen since citizenship laws at the time required the mother to have lived at least 5 years in the U.S. following her 14th birthday. Obama's mother had not reached her 19th birthday when he was born.

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rdnewman

11:34 am on Saturday, April 14, 2012

Neil Johnson: The part of Minor v. Happersett often referred to your argument says this:
"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 [88 U.S. 162, 168] parents. As to this class there have been doubts, but never as to the first. " (http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=88&invol=162).

The wording is not exclusionary, merely inclusionary. There is no doubt that if both parents are citizens, then the child is a citizen. NOT that most parents must be citizens for the child to be a citizen.

Interesting though that you rely on quoting a case that was used to deny women the right.

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Col. Korn

4:21 pm on Saturday, April 14, 2012

Dear Mr. Neil Johnson,

That was the most coherent explanation of the facts that I have ever read.

Nuff Said.

Your Obt. Svt.
Col. Korn,
Chief O'Mayhem in the Great WW-2 (And the Cold War),
Now Chief O' Security, Sanitation and the Complaint Dept.
OXOjamm Studios.

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valerie

9:17 am on Tuesday, April 17, 2012

Not true. Natural-born citizen requires BOTH parent to be American citizens and Obama's father was not!

Olivia

7:57 pm on Friday, April 13, 2012

Liberalism has ruined the education system in America. Doesn't anyone know how to read anymore? The judge ruled against the plaintiff because "his placement on the state's ballot is automatic" due to his occupancy in the white house. NOT BECAUSE OF HIS BIRTH!! Can Sal please explain to me what a "born American citizen" is? If you would read the Constitution it clearly has two different requirements for the Legislature and the President of the United States. Also, I might add how quickly you've forgotten who the first birthers were. Do you remember HIllary Clinton went after Obama and his origin of birth? The seriousness of this matter is clearly beyond the capability of your gray matter. The reason the Constitution requires the President of the United States to be a "NATURAL BORN CITIZEN" having both parents American citizens is so that the President would not have an allegiance to another country, eg, Islamic Nations, Communist countries... get the picture???

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Gerome Johnson

10:35 am on Saturday, April 14, 2012

Olivia, can you please tell us where the US Constitution "...requires the President of the United States to be a "NATURAL BORN CITIZEN" having both parents American citizens..." as you said? Maybe you should check your own reading skills.

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yoadrian balboa

10:52 am on Saturday, April 14, 2012

Correct! These dults don't seem to realize the difference between a "natural born citizen" and a "naturalized citizen" they are TWO different forms and again for the imbesiles who don't seem to get that Obama is NOT a Legal citizen! A Federal law has been committed in HIS name and HE will have to answer for it. It has nothing to do with this case! It's a different case and NONE of them are going to go away!

Diogenes

8:17 pm on Friday, April 13, 2012

Please don't disparage the gray matter of those who live in a fact/rality based world.. Look at your ranting ramblings using TP birther arguments. When you folks argue that the President is not a "born American citizen', I can't help but think that you really mean "born AGAIN American citizen'. You folks should really reveal who you are--crypto white citizens councils who can't stand it that a black man is the President of the United States.

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DAVE F.

8:31 am on Tuesday, April 17, 2012

Isn't He has much black has white ? last time I checked is mother is white is not the first black president is the first mixed president get the facts strait .

Neil Johnson

10:52 pm on Friday, April 13, 2012

No, we folks do not argue that the President is not a "born American citizen." We argue that he is not a natural born citizen. And that is clearly the case according to the definition recognized in Minor v. Happersett. He was not born to two citizen parents.

Your bigotry is also noted. To reflexively classify someone as a member of particular group without knowing who he is is shameful.

What I really can't stand is the fact that Obama signed the National Defense Appropriation Act, which allows the president to detain American citizens accused of being a terrorist indefinitely without access to an attorney. Why people want to defend this tyrant is beyond me. He is no different than Bush in this regard.

You can check this out on the ACLU website (the actual URL is very long): https://secure.aclu.org/ Do a search for NDAA.

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Gerome Johnson

10:32 am on Saturday, April 14, 2012

Your argument from Minor v. Happersett is wrong. You misunderstood what was said. Please read it again. Saying that one condition is clear does not mean that no other conditions are allowed. A wind storm of 150 mph is clearly a hurricane does not mean that a windsorm of 149 mph is not.

I agree with your about the NDAA, but you are incorrect in claiming that he is therefore a tyrant. The percentage of Republicans supporting the bill was higher than Democrats. The offending part, a piece of the larger bill, was commented on by Obama where he said he would never use it.

Christina Bussmann

11:36 pm on Friday, April 13, 2012

The moment you use this argument to attack Romney's credentials then you are halfway back from abyss. You will still be incorrect in your interpretation of his eligibility (multiple federal appellate courts have decided this issue against birthers and the U.S. Supreme Court will do no different.)

It was a non-issue when Obama successfully ran for state senate in Illinois, was non-issue when he successfully ran for U.S. Senator, turned out to be non-issue when he won the office of POTUS with a majority of both the popular vote and electoral college votes and is a non-issue now.

Get over it, birthers. You are never going to win this argument. Better than you prepare yourself for President Obama's second inauguration in January 2013.

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Claudine Scozzari

9:58 am on Saturday, April 14, 2012

For those industries with an immigration problem, the undocumented workers are not paying taxes; yet, those undocumented workers have access to this nation's airports, this nation's water supply, this nation's communication's systems, and this nation's techologies. Oh and by they way, those undocumented workers had so much freedom in this country, this nation's military allowed them to successfully attack the Pentagon!

For every citizen from the State of Hawaii who may work in this country as legalized citizens since the State of Hawaii was ratified, there should be no dispute over if they are a NATURAL BORN CITIZEN. In any courtroom where the issue of a documented worker is required, our US citizens from the State of Hawaii need the respect of every person in this nation.

You really shouldn't be condemning the child of a single mother who had a fling with another student in her college classroom. If the courts are going to allow those undocumented workers, illegal aliens on a student visa, or illegal aliens, in general, to associate and mingle in the general population, then you can't condemn that child - Barak Obama.

If this country does not recognized the legal documents produced by the State of Hawaii, then what are the implications for every business who employees a US citizen from the State of Hawaii.

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Gerome Johnson

10:18 am on Saturday, April 14, 2012

Neil Johnson, where in the constitution does it say that both parents must be citizens? Obama was the sixth US President born of only one US citizen. He is the seventh president if you include a president who was natural born in the US of parents both of which we citizens of another country. Read the constitution, understand English, look at common law (since the Constitution does not define everything in detail) and then join the discussion. Obama is a natural born citizen (as opposed to a naturalized one) born in the US (whether of 0, 1 or 2 US citizens).

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Neil Johnson

11:18 am on Saturday, April 14, 2012

Gerome,
I clearly recognize that the Constitution does not define "natural born citizen." Chief Justice Waite, in Minor v. Happersett, recognized this also:

"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."

CJ Waite further stated that he had doubts that a person would even be citizen without reference to the citizenship of the parents.

I have read the Constitution, even the part you apparently missed.

"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President..."

The so-called "grandfather clause" embodied in the phrase "a Citizen of the United States, at the time of the Adoption of this Constitution" allowed for those who were not natural born citizens at the time of the adoption to become president.

Presidents 1 through 7 and 9 were eligible by virtue of this clause. That's Presidents George Washington to William Henry Harrison. President number 8, Martin Van Buren, was a natural born citizen.

yoadrian balboa

10:43 am on Saturday, April 14, 2012

A federal crime has been committed in obamas name and that isn't going away! You imbesiles who call us "birthers" are so unorigional and incapable of an origional thought it's laughable. This will NOT go away regardless of the puppet judge and Lt. governor, obama is going to have to explain away how his SS card and birth certificate got forged period! The only thing the puppets have is a technicality because they can't explain away the FACTS! Obama isn't elligible to be POTUS and thats it! This will NOT go away until obama proves who he is. BTW to the idiots who don't seem to care whether or not obama is a "natural born citizen". There is a reason why the law requires this and not to strain your brains but what is happening today by this acting president is the reason why. Do you follow??? Unbelievable

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yoadrian balboa

10:48 am on Saturday, April 14, 2012

BTW NOTICE how the LT governor and not the governor made this ridiculous call??? This STINKS and you all know it LOL Where's the big Fat man governor?? Is he too busy to make this call himself, why this Kim lady? Sorry, this aint goin away and just watch and see what happens from here because the nation is not going to stand by and get railroaded by this corrupt system! We will nail them with the laws period. NO MORE Technicalities!

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Gerome Johnson

6:18 pm on Saturday, April 14, 2012

Please do some real research before you start capitalizing in your posts. It is sad to shout your ignorance of facts.

yoadrian balboa

11:47 am on Saturday, April 14, 2012

WOW None of this addresses the fact that somebody forged obamas SScard and bitrh certificate? Federal crimes!!! This has to be answered regardless! This will go forward! The trail of crimes is a mile long so all of the paid responders attempting damage control on these comment boards are just not going to win! We are on to you and one way or another those forged documents have to be explained wich should be good for a laugh! These people are rotten to the core and it's indisputable, INDISPUTABLE so don't try to coerce the people who don't understand what has happened here with obama and his illegal presidency. What are you deaf and stupid? Gaven't you seen the case of evidence regarding obama??? You would have to be completely brain dead to not know that there's something radically wrong with obama and WHO he is? BTW Why would obama go to such great lengths to hide who he is if he had nothing to hide???? Doesn't that raise a loud alarm in your head because if it doesn't, there';s something wrong with you. Who do think you are dealing with here?? Man, give it up, this isn't going away and this guy obama will have to answer for himself!

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rdnewman

12:01 pm on Saturday, April 14, 2012

I dispute your claims. There, now it's not indisputable.

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Gerome Johnson

6:16 pm on Saturday, April 14, 2012

Please provide credible proof that somebody forged Obama's SS card and birth certificate. When someone does that you can argue your case. George Bush with the power of the US government and FBI and Hilary Clinton his Democratic rival and John McCain and Sarah Palin and all of their followers in 2008 did not find such proof becuase if they had it would have been world wide news. Do you really beleive Fox News would not have this as a leading headline every day if they had prrof?

yoadrian balboa

11:57 am on Saturday, April 14, 2012

ATTN: Anybody who disputes and tries to debunk obamas elegibility is a PAID gamage control puppet by the obama admn, everybody knows how they operate! They are all over these comment boards trying to do damage control against the illegal acting president! The president has gone to great lengths to hide who he is and with all of the evidence against him he can't even answer one simple question as to WHY his first executive order was to seal his entire life from public view?? This coming from the honest obama claiming to be the most transparent president in history LOL! Mr Obama, why have you gone to such great lengths to hide who you are if you have nothing to hide?? Come on, everybody wants an answer so how about it? The people will prevail regardless what you try to spin in your damage control campaign here on these boards!

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rdnewman

1:02 pm on Saturday, April 14, 2012

So, you're saying I'm paid by the Obama administration simply for replying to your comment? If I don't agree with you, then I'm a paid stooge?

Search4Truth

1:18 pm on Saturday, April 14, 2012

I vote for who I believe can do the best job for our country not for a particular party. I have to ask myself why a President who states he is very concerned about the "everyday person" and wants to make things "fair" in this country has no problem taking numerous vacations on our tax dollars when so many are just trying to get by. Many regular people can't even afford to take a "driving vacation" these days.

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yoadrian balboa

6:57 pm on Saturday, April 14, 2012

Because this is suposed to be a true leader! Isn't he a great example??? They all are pathetic. Why when somebody brings up obama and his treasonous crimes do the liberal meatheads immediately bring up bush as if somehow it's now obabas turn to ruin the nation and it's his right??? They all are guilty!! This isn't about both parties and choosing sides, WTF??? We are losing and somebody has to step up and stop them and obama is in full force while you people seem to want to help him??? Don't you have a clue whats going on here or have any guts to fight for the freedom you have been given??? Believe me unless freedom is defended, it will be lost and the US is the last bastion of freedom. Once it's gone it won't come back! Now is the time to be vigilant and question what is going on. Educate yourself don't let anybody tell you different. Check the information on obama yourself, make up your own mind after you see what they have come up with. It's air tight and compelling! There's no way around explaining what obama has done, he has to answer as to why he has forged documents.

Search4Truth

1:20 pm on Saturday, April 14, 2012

-- President’s Day 2012, Michelle and the first daughters in Aspen, Colorado to ski.
-- Christmas 2011, the first family in Hawaii for an extended vacation.
-- Summer 2011, in Martha’s Vineyard, Mass., for the annual beach break.
-- June 2011, the first lady, her mother and daughters traveled to South Africa and Botswana.
-- President’s Day 2011, the first lady and first daughters travel to Vail to ski.
-- Christmas 2010, in Hawaii.
-- August 2010, the first family traveled to Panama City Beach, Fla., for some sun and fun at the beach.
-- August 2010, Obama spent the weekend alone in Chicago for his 49th birthday bash.
-- August 2010, the first lady and daughter Sasha traveled to Spain for a mother-daughter vacation.
-- August 2010, summer vacation again at Martha’s Vineyard.
-- July 2010, the first family went to Mount Desert Island, Maine.
-- May 2010, the first family had a four-day trip to Chicago.
-- March 2010, first lady and daughter spend Spring Break in New York City.
-- Christmas 2009, Hawaii again for the annual break.
-- August 2009, at Yellowstone National Park and the Grand Canyon for a short vacation.
-- August 2009, their first summer vacation as first family at Martha’s Vineyard, Mass.

Not included were Camp David visits or trips like the first family’s New York City date night in May, 2009. The Hawaii Reporter said the first family’s 2011 Christmas vacation in Hawaii would exceed $1.5 million.

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Gerome Johnson

6:11 pm on Saturday, April 14, 2012

Please put George Bush's information side by side if you dare! If you want to criticize the president, please be fair and honest about it.

Search4Truth

4:15 pm on Saturday, April 14, 2012

Aren't you concerned about your rights as a citizen? The new Executive Order signed by the president gives him and his secretaries the authority to commandeer all U.S. domestic resources, including food and water, as well as seize all energy and transportation infrastructure inside the borders of the United States. The Government can also forcibly draft U.S. citizens into the military and force U.S. citizens to fulfill "labor requirements" for the purposes of "national defense." This can be invoked in peace time without a national emergency to justify it. Executive orders are written into law by a President and are not approved by Congress.

Have you ever heard the President say something to the effect that it's not getting done so we're just going to do it. He is trying to eliminate the balance of power with the Congress.
http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness

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Gerome Johnson

6:08 pm on Saturday, April 14, 2012

Gee, it is amazing that something that has been going on since 1950 only bothers you now. Do a little research before you say the sky is falling. http://reason.com/blog/2012/03/22/is-the-national-defense-resources-prepar

Gerome Johnson

5:57 pm on Saturday, April 14, 2012

Neil Johnson, where in the constitution does it say that both parents must be citizens? You never answered that question.
Andrew Jackson (1829-1837) born of Irish immigrants
Thomas Jefferson (1801-1809) English Mother
James Buchanan (1857-1861) Irish Father
Chester Arthur (1881-1885) Irish Father
Woodrow Wilson (1913-1921) English Mother
Herbert Hoover (1929-1933) Canadian Mother
Unless the Supreme Court rules that Obama does not meet the requirements of the Constitution he is the valid POTUS.

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yoadrian balboa

6:42 pm on Saturday, April 14, 2012

Make your own decisions. For starters, obama has FORGED Selective Service documents and a forged birth certificate, both are FEDERAL CRIMES!!! What is being done about this?? Or should as you obama supporters would like everybody to just forget about that. WHY would obama hide who he is??? Nobody can answer this because they can't!!! Go to "YOUTUBE and type in "BAER HAGGERTY CORSI" and watch, then type in Michael Savage "HOW OBAMA FIXED THE 2012 ELECTION" Watch these in their entirety and make up your own minds, DON'T LISTEN TO THESE PAID HACKS WHO DON'T WANT YOU TO LEARN ABOUT THIS! TRUST ME WATCH AND LEARN IT WILL ALL MAKE SENSE OK?

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Mario Apuzzo

7:57 pm on Saturday, April 14, 2012

Gerome Johnson,

You are misinformed about the citizenship status of our past presidents. Read my article as a response to your post, found at http://puzo1.blogspot.com/2011/02/citizenship-status-of-our-44-presidents.html

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Neil Johnson

11:20 pm on Saturday, April 14, 2012

rdnewman at 11:34 am on Saturday, April 14, 2012
Re: "The wording is not exclusionary, merely inclusionary. There is no doubt that if both parents are citizens, then the child is a citizen."

You have misconstrued what the Court in Minor said. This is what the Court said:

"[I][t 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."

A child born in a country to two citizen parents is indeed a citizen, but such a person is not merely a citizen. That person is a natural born citizen. The Court stated this quite clearly.

The Court had to affirm for the record that Mrs. Minor was a citizen before it could proceed to adjudicate her case. Because she fit the definition of natural born citizen as recalled by the Court, she was indeed also a member of the class "citizen."

What if she did not fit the definition of natural born citizen? That is, what if she was excluded from the class of natural born citizen because one or both of her parents were foreigners. The Court would then have to determine her citizenship by different criteria. The Court did not have to do this because Mrs. Minor was a natural born citizen about which there was no doubt.

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