Comments on: Of Failed Marriages, DNA and the US Embassy http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/ Korea... in Blog Format Fri, 9 Jan 2009 02:52:16 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Sperwer http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112361 Sperwer Thu, 11 Oct 2007 00:30:58 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112361 <blockquote>In other words, the law is discriminatory and therefore it is invalid?</blockquote> Ah, no. Stuff your bleeding heart back in your chest and engqage your brain. Think about it: if a woman who is an American citizen gives birth to a child, is the child automatically a citizen of the US under a law that says so. Hint: Yes, because there is NO evidentiary basis for doubt about the fact of parenthood; someone has seen the kid pop out and confirmed the child is the mother's child by issuing the birth certificate. Cf the issue of paternity. Mere birth of child X to mother Y is NOT physical evidence of the paternity of Mr. B, even if he is the legal spouse or the fuckbuddy of Ms. Y. There is thus a distinction in fact that permits the legislature to make a legal discrimination that is perfectly constitutional. That's effectively what the Supremes decided in Miller v. Albright.

In other words, the law is discriminatory and therefore it is invalid?

Ah, no. Stuff your bleeding heart back in your chest and engqage your brain. Think about it: if a woman who is an American citizen gives birth to a child, is the child automatically a citizen of the US under a law that says so. Hint: Yes, because there is NO evidentiary basis for doubt about the fact of parenthood; someone has seen the kid pop out and confirmed the child is the mother’s child by issuing the birth certificate.

Cf the issue of paternity. Mere birth of child X to mother Y is NOT physical evidence of the paternity of Mr. B, even if he is the legal spouse or the fuckbuddy of Ms. Y.

There is thus a distinction in fact that permits the legislature to make a legal discrimination that is perfectly constitutional. That’s effectively what the Supremes decided in Miller v. Albright.

]]> By: SomeguyinKorea http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112347 SomeguyinKorea Wed, 10 Oct 2007 22:10:27 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112347 ...Don't know. I guess it depends how you define parenthood. …Don’t know. I guess it depends how you define parenthood.

]]> By: SomeguyinKorea http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112345 SomeguyinKorea Wed, 10 Oct 2007 22:08:52 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112345 "The issue was mooted in this case on the ground that U.S. law requires no explicit acknowledgment of parenthood in the case of a foreign-born child to an American mother and a foreign father (not married)." In other words, the law is discriminatory and therefore it is invalid? “The issue was mooted in this case on the ground that U.S. law requires no explicit acknowledgment of parenthood in the case of a foreign-born child to an American mother and a foreign father (not married).”

In other words, the law is discriminatory and therefore it is invalid?

]]> By: seouldout http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112304 seouldout Wed, 10 Oct 2007 12:51:07 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112304 Hedge your bet, Mr. Ruiz. Pay for the cheap one first. It's less than a couple dozen lady drinks. Hedge your bet, Mr. Ruiz. Pay for the cheap one first. It’s less than a couple dozen lady drinks.

]]> By: Nationless Child of Camp Casey at ROK Drop http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112296 Nationless Child of Camp Casey at ROK Drop Wed, 10 Oct 2007 10:44:49 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112296 [...] More over at Marmot’s Hole. [...] [...] More over at Marmot’s Hole. [...]

]]> By: SomeguyinKorea http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112295 SomeguyinKorea Wed, 10 Oct 2007 10:16:52 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112295 "$1,640 for a DNA test (see linked story)? That hurts." I just hope the tests don't come out negative. Now, that would hurt. “$1,640 for a DNA test (see linked story)? That hurts.”

I just hope the tests don’t come out negative. Now, that would hurt.

]]> By: Sperwer http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112292 Sperwer Wed, 10 Oct 2007 10:06:09 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112292 Whoa there, counsellor! Common law ain't got nothing to do with it. The Constitution and federal statute govern - the first Congressional enactment was by the first Congress and the current, codifed iteration of the law is the Immigration and Nationality Act (INA) of 1952 (also known as the McCarran-Walter Act) - and, in Miller v. Albright, 523 U.S. 420 (1998), the Supremes held that a child born overseas to an American father and a foreign mother (not married) is not a U.S. citizen unless paternity is established before an established age (in this case 21). The issue was mooted in this case on the ground that U.S. law requires no explicit acknowledgment of parenthood in the case of a foreign-born child to an American mother and a foreign father (not married). Whoa there, counsellor! Common law ain’t got nothing to do with it. The Constitution and federal statute govern - the first Congressional enactment was by the first Congress and the current, codifed iteration of the law is the Immigration and Nationality Act (INA) of 1952 (also known as the McCarran-Walter Act) - and, in Miller v. Albright, 523 U.S. 420 (1998), the Supremes held that a child born overseas to an American father and a foreign mother (not married) is not a U.S. citizen unless paternity is established before an established age (in this case 21). The issue was mooted in this case on the ground that U.S. law requires no explicit acknowledgment of parenthood in the case of a foreign-born child to an American mother and a foreign father (not married).

]]> By: Sonagi http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112290 Sonagi Wed, 10 Oct 2007 09:51:20 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112290 Denying paternity and thus citizenship to his son goes against US common law. Brendon can clarify, but as I recall, the husband is presumed to be the father unless proven otherwise. In other words, according to common law, the burden of proof is not on the father. Denying paternity and thus citizenship to his son goes against US common law. Brendon can clarify, but as I recall, the husband is presumed to be the father unless proven otherwise. In other words, according to common law, the burden of proof is not on the father.

]]> By: Andy Jackson http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/comment-page-1/#comment-112237 Andy Jackson Wed, 10 Oct 2007 04:32:19 +0000 http://www.rjkoehler.com/2007/10/10/of-failed-marriages-dna-and-the-us-embassy/#comment-112237 $1,640 for a DNA test (see linked story)? That hurts. $1,640 for a DNA test (see linked story)? That hurts.

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