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To: txoilman
A NBC is a person that is born on American soil to parents that are U.S. citizens.

Wrong. This tells you who is a citizen at birth (natural born citizen): http://www.law.cornell.edu/uscode/8/1401.html. There is no definition of "natural born" in the Constitution, so you are in error when you assume the parents had to be citizens. In fact, under English common law, which was what was in use in the colonies, the place of birth ALONE determined citizenship. We didn't adopt a new system. We simply continued doing what we had done before independence, under England.

5,384 posted on 08/03/2009 10:59:26 AM PDT by Technical Editor
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To: Technical Editor
The only definition of "natural Born" known to the drafters of the Constitution is found in the legal treatise “the Law of Nations,” written by Emerich de Vattel in 1758. He states "The natives, or natural-born citizens, are those born in the country, of parents who are citizens." The founders were well aware of this document (Franklin had 3 copies in the original French, in which he was fluent.)

With regard to the common law argument, George Mason, one of Virginia’s delegates to the Constitutional Convention, stated: “The common law of England is not the common law of these States.” Great Britain used the common law as its justification for impressing American sailors into their navy in the early 19th Century. We obviously did not agree with this interpretation, as we went to war in 1812 over the issue!

5,427 posted on 08/03/2009 11:41:06 AM PDT by NJ_Tom (Who ever thought that Kenya would be the next nuclear power?)
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To: Technical Editor

How to explain the Elg case?


5,436 posted on 08/03/2009 11:47:03 AM PDT by RummyChick
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To: Technical Editor

Natural born citizen requirement for POTUS:

1. U.S. Constitution. Art. II, Sec. 1, Cl. 5
2. U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)
3. Perkins v. Elg, 307 U.S. 325 (1939)

The U.S. Consitution and the case law defines that to be eligble for POTUS a person has to be born on American soil to U.S. citizens.


5,437 posted on 08/03/2009 11:50:25 AM PDT by txoilman
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To: Technical Editor

A NBC is a person that is born on American soil to parents that are U.S. citizens.
Wrong. This tells you who is a citizen at birth (natural born citizen):

http://www.law.cornell.edu/uscode/8/1401.html. There is no definition of “natural born” in the Constitution, so you are in error when you assume the parents had to be citizens. In fact, under English common law, which was what was in use in the colonies, the place of birth ALONE determined citizenship. We didn’t adopt a new system. We simply continued doing what we had done before independence, under England.
++++++++++++++

Wrong. This is unsettled SCOTUS law related to the Constitutional provision for the POTUS and VPOTUS specifically. The Supremes have hinted at this provision on many occasions.


6,123 posted on 08/04/2009 7:40:28 AM PDT by SeattleBruce (God, Family, Church, Country & the Tea Party! Take America Back! (Objective media? Try BIGOTS.))
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