Note: I have submitted the following as a comment to attorney Mario Apuzzo’s blog, and reproduce it as an open letter here.
Speaking of “being shot down with every one of your comments,” I have answered every single one of your points here, in a way in which you did not and could not answer mine:
“I discussed the Wong Kim Ark case in my December 20, 2008 article cited above. I said, among other things: “But this holding, which only tells us what a “Citizen” is, has nothing to do with what a “natural born Citizen” is as that term is used in Article II of the Constitution.” I think that says it all.”
I think it does say it all, as it is abundantly clear that the Court in Wong Kim Ark in fact addressed the question of whether a person in Wong Kim Ark’s situation was “natural born” — and found — as their “irresistible” “conclusion” — that the allegiance to the United States of Wong Kim Ark’s parents, who were most certainly part of “every citizen or subject of another country, while domiciled here,” was quite specifically “strong enough to make a natural subject [using the historical English term, because they were quoting Lord Coke], for if he hath issue here, that issue [or in modern language, that child] is a natural-born subject.”
Face it, Mario. Your theory is over. The cat is out of the bag, and it can never be put back in. Minor v. Happersett was never a case about citizenship, but fundamentally one about VOTING RIGHTS. Furthermore, to the degree that it DID touch on citizenship, it ONLY did so to the extent of basic citizenship, with no distinction whatsoever necessary between natural-born citizenship and naturalized citizenship. Virginia Minor’s voting rights did not depend at all on whether she was natural-born, or naturalized. For that reason, Minor could never possibly establish the “binding” “definition” of “natural born” that you and Donofrio claim.
On the other hand, Wong Kim Ark WAS fundamentally (and very, very clearly) about citizenship — and the Court not only declared Wong Kim Ark to be a “citizen,” they ALSO declared EVERY child in his EXACT situation to be “NATURAL” and “NATURAL BORN.”
Since the Court found Wong Kim Ark to be both “NATURAL BORN” AND A “CITIZEN,” they undeniably found him to be a NATURAL-BORN CITIZEN. And it wasn’t even close. It was 6 to 2.
It is now similarly clear that you are on the losing side of the argument. You have a choice at this point. I am inviting you to join the winning side. You can admit reality, end up salvaging a significant amount of your dignity, and go down in the history of this issue as the guy who helped bring reality back to America. Or, you can stick stubbornly to your guns and go unrelentingly and inevitably down with the sinking ship.
The choice is up to you.