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To: SvenMagnussen

Edith would be a natural-born citizen by the Supreme Court’s definition and Obama ... still not.


144 posted on 01/24/2013 11:06:04 AM PST by edge919
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To: edge919

Natural born citizenship status is not held in perpetuity when there is a potential expatriating act with intent to relinquish U.S. citizenship.

For example, Vance v. Terrazas; U.S. Supreme Court 444 U.S. 252 (1980)

Facts

Laurence Terrazas was born in Maryland to a Mexican citizen father and a U.S. citizen mother. While a student in Mexico, he applied for and received a Certificate of Mexican nationality. To obtain this certificate, he had to swear an oath of obedience and submission to the Mexican Republic, and expressly renounce his U.S. citizenship to Mexican authorities.

In discussions with an officer of the U.S. Consulate in Monterrey, Terrazas admitted he renounced his U.S. citizenship to Mexican authorities, but did so under duress. He repeatedly stated and the State Department acknowledged he never intended to forfeit his U.S. citizenship.

Regardless, the Department of State issued a Certificate of Loss of Nationality. Terrazas filed a civil suit in U.S. District Court against the SoS Vance for a Declaration of his U.S. citizenship. The trial court found that the government had proved by a preponderance of the evidence that Terrazas had voluntarily relinquished his US citizenship.

The court of appeals reversed, holding that under Afroyim v. Rusk, 387 U.S. 253 (1967), that Congress had no power to legislate the evidentiary standard and that the Constitution required clear and convincing evidence.

In 1980, SCOTUS ruled that a person’s intent to give up citizenship could be established through a standard of preponderance of evidence (i.e., more likely than not) — rejecting an argument that intent to relinquish citizenship could only be found on the basis of clear, convincing and unequivocal evidence.

A 5-to-4 majority of the Supreme Court held the government must prove “the voluntary commission of an act, such as swearing allegiance to a foreign nation, that ‘is so inherently inconsistent with the continued retention of American citizenship that Congress may accord to it its natural consequences, i. e., loss of nationality.’”

Congress amended the Immigration and Nationality Act in 1986 to specify, as required by Vance v. Terrazas, that a potentially expatriating act may result in loss of U.S. citizenship only if it was performed with the intention of relinquishing United States nationality by a preponderance of the evidence and not a beyond a reasonable doubt standard.


150 posted on 01/24/2013 2:54:26 PM PST by SvenMagnussen (TINKER, TAILOR, SOLDIER, SPY)
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