In what circumstances will the US Supreme Court use common law to construe the meaning of the fourteenth amendment?
MultiRegion, United States of America
The following excerpt is from Rabang v. I.N.S., 35 F.3d 1449 (9th Cir. 1994):
In Minor v. Happersett, [21 Wall. 162] (1874) Chief Justice Waite, when construing, in behalf of the court, the very provision of the fourteenth amendment now in question, said: "The constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that." And he proceeded to resort to the common law as an aid in the construction of this provision.
(Citations omitted.) 169 U.S. at 654-55, 18 S.Ct. at 459.
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