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  1. #17
    Quote Originally Posted by shikamaru View Post
    What is the pledge exactly? What is the obligation specifically? What is being redeemed specifically? What is the birth right? I'm gaining some sense of similarity to a specific action in equity. Can you name that action?
    Because the purpose of the Fourteenth Amendments first section was to end the denial of those fundamental rights that belong to all citizens by virtue of their citizenship under Article IV, Sec. II of the U.S. Constitution was imperative to first define citizenship of the United States. Otherwise, a State could refuse to recognize newly emancipated slaves as citizens by withholding the right to sue, make contracts, due process, purchase property, etc. Therefore, the Fourteenth Amendment acts to recognize all persons as citizens who do not owe allegiance to some other government when naturalized or born.

    Madison made it clear rules of who is a citizen or alien properly belonged with each State when addressing a contested South Carolina Election of Rep. William Smith in the House of Representatives in 1794. Madison said the question of whether Rep. Smith had been a citizen of the United States for seven years at the time of the declaration of independence rested entirely with the Constitution of South Carolina:

    Under Sec. 1992 of U.S. Revised Statutes the same Congress who had adopted the Fourteenth Amendment, confirmed this principle: ?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.?

    Who are the subjects of a foreign power? Thomas Jefferson said ?Aliens are the subjects of a foreign power.? Thus, the statute can be read as ?All persons born in the United States who are not aliens, excluding Under Sec. 1992 of U.S. Revised Statutes the same Congress who had adopted the Fourteenth Amendment, confirmed this principle: ?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.?

    Who are the subjects of a foreign power? Thomas Jefferson said ?Aliens are the subjects of a foreign power.? Thus, the statute can be read as ?All persons born in the United States who are not aliens, excluding Indians not taxed, are declared to be citizens of the United States.?

    (a) Definitions
    In this section:

    (1)The term ?Indian lands? means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation.

    Alienation may refer to: Alienation (property law), the legal transfer of title of ownership to another party;

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    What's in your restriction? (b)
    Last edited by Chex; 11-07-12 at 12:41 PM.

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