Are you talking about the old birthright citizenship case? Or a different one?
Mabo has a lot more in common with the Marshall Trilogy SCOTUS cases of the late 1820's/early 30's than the birthright citizenship case. The same concept of sovereignty is explored.
I suppose one of the trilogy cases - johnson v mcintosh - might be similar to the birthright citizenship case. The short version is that SCOTUS held that the purchasers did not hold title to the land because the sovereign at the time of purchase was the english crown, and after getting kicked out, the US now had title and did not have to recognize grants from the old sovereign because of the doctrine of conquest. It has been awhile since I read that birthright citizenship case but I believe it had to do with the unification of the crown. Scotland and England had separate kings until something like the 1620s or so...my English history sucks so I am shooting from the hip. And because this guy was born under the new crown he was not technically a foreigner trying to own land in England.
Do you see any links between Calvins case and Mabo/native title acts?
Are you talking about the old birthright citizenship case? Or a different one?
Mabo has a lot more in common with the Marshall Trilogy SCOTUS cases of the late 1820's/early 30's than the birthright citizenship case. The same concept of sovereignty is explored.
I suppose one of the trilogy cases - johnson v mcintosh - might be similar to the birthright citizenship case. The short version is that SCOTUS held that the purchasers did not hold title to the land because the sovereign at the time of purchase was the english crown, and after getting kicked out, the US now had title and did not have to recognize grants from the old sovereign because of the doctrine of conquest. It has been awhile since I read that birthright citizenship case but I believe it had to do with the unification of the crown. Scotland and England had separate kings until something like the 1620s or so...my English history sucks so I am shooting from the hip. And because this guy was born under the new crown he was not technically a foreigner trying to own land in England.