Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

On the Meaning of “Natural Born Citizen”
Harvard Law Review ^ | Neal Kaytal and Paul Clement

Posted on 01/06/2016 6:03:47 PM PST by OddLane

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last
To: The All Knowing All Seeing Oz

Or semiliterate Freepers are fools for insinuating answering a reporter’s direct question is “raising an issue.”


41 posted on 01/06/2016 7:39:47 PM PST by MrEdd (Hewck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: taxcontrol

How can you define something you don’t identify in the text of the definition? Your opinion doesn’t make something exist that doesn’t exist. Quote this definition of yours.


42 posted on 01/06/2016 7:44:03 PM PST by Uncle Sham
[ Post Reply | Private Reply | To 40 | View Replies]

To: ripnbang

Please note this article from 1/23/15 - ONE YEAR AGO -
Oldest reference I have found, and Trump raised it then, then again in the summer, said no problem in August, and recently again. This is a year in the making and you can paint it as innocent if it so fits your needs but facts are not on your side. He is trying to cast doubt on his closest competitor, like the others, without going full Alinsky which is why the right commentators got on him for the last time he attacked Cruz. I don’t care if he attacks Cruz but he could at least be HONEST.
WEST DES MOINES, Iowa – Billionaire Donald Trump, the most prominent “birther” to question Barack Obama’s eligibility to serve as president, asserted Friday that Sen. Ted Cruz must clear up legal doubts about his own eligibility due to his birth outside the United States.
Related

“It’s a problem. It could be a difficult problem, but he admits that he was born in Canada,” Trump told reporters in Iowa on the eve of the first major gathering of 2016 presidential hopefuls.
http://trailblazersblog.dallasnews.com/2015/01/donald-trump-says-ted-cruzs-canadian-birth-could-be-a-difficult-problem-for-2016-bid.html/


43 posted on 01/06/2016 7:45:03 PM PST by libbylu
[ Post Reply | Private Reply | To 6 | View Replies]

To: scooby321

Stop making sense. This thread is not about that. LOL


44 posted on 01/06/2016 7:46:57 PM PST by dforest
[ Post Reply | Private Reply | To 21 | View Replies]

To: so_real
"Experts" on Constitutional law ... just like Obama.

Uh, sure. You do realize that the Solicitor General is responsible for representing the US in constitutional matters before the Supreme Court. Right?

45 posted on 01/06/2016 7:47:11 PM PST by semimojo
[ Post Reply | Private Reply | To 20 | View Replies]

To: Radix
Neither, because at the time the Constitution was ratified, people were originally citizens of the various states before there was a United States to be a citizen of.

However all those people who were born before the Constitution are dead now.

If you became a US citizen after 1790, it's either because you were born one or you were naturalized into one.

46 posted on 01/06/2016 7:57:28 PM PST by wideawake
[ Post Reply | Private Reply | To 31 | View Replies]

To: erkelly
Precisely - and so it is equally ridiculous for Trump to make implications about Cruz.

Just because I am the grandson of four and son of two natural born US citizens does not mean that I am any more natural born a US citizen than Cruz with two natural born grandparents and one natural born parent, or Trump with zero natural born grandparents and one natural born parent.

47 posted on 01/06/2016 8:01:45 PM PST by wideawake
[ Post Reply | Private Reply | To 27 | View Replies]

To: wideawake

Born of citizen parents- (plural)
40 years of age-
14 years residency.


48 posted on 01/06/2016 8:05:38 PM PST by freepersup (Patrolling the waters off Free Republic one dhow at a time.)
[ Post Reply | Private Reply | To 47 | View Replies]

To: freepersup

Point?
ALLEGIANCE!


49 posted on 01/06/2016 8:06:58 PM PST by freepersup (Patrolling the waters off Free Republic one dhow at a time.)
[ Post Reply | Private Reply | To 48 | View Replies]

To: freepersup

Allegiance.
Allegiance.
Allegiance.


50 posted on 01/06/2016 8:07:57 PM PST by freepersup (Patrolling the waters off Free Republic one dhow at a time.)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Uncle Sham

Article 1 section 8 of the US Constitution enumerates the rules for naturalization (who does and does not need to be naturalized) exclusively with Congress.

In one of the first acts of Congress, Naturalization act of 1790, clearly sets the precedent that children born to a citizen parent shall be as naturally born.

The current will of Congress, with regards to who is a citizen at birth is expressed in Title 8 section 1401


51 posted on 01/06/2016 8:10:58 PM PST by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
[ Post Reply | Private Reply | To 42 | View Replies]

To: AFret.

Sorry, but law only requires one, with certain prior residency requirements within CONUS for that one parent.


52 posted on 01/06/2016 8:11:35 PM PST by The All Knowing All Seeing Oz (I carry a handgun because even a small police officer is too big and heavy to carry.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: libbylu

That is all true, but the recent kerfluffle is in response to a question he was asked by a reporter...he (Trump) did not bring it up. He merely said it is being talked about and it is a concern for Republicans. He did not raise it himself. Is he coy, Yes, and it is fair game, just as is Cruz’s ability to reply in kind if he chooses to. It’s politics. What do you think will happen when it is just those two left, they’re not going to have a beer summit together.

Also, I wouldn’t be surprised at all if this wasnt contrived by both of them to get this all out in the open ahead of time. Basically takes the topic off the table now.


53 posted on 01/06/2016 8:17:07 PM PST by ripnbang ("An armed man is a citizen, an unarmed man a subject")
[ Post Reply | Private Reply | To 43 | View Replies]

To: The All Knowing All Seeing Oz

Sorry, but law only requires one, with certain prior residency requirements within CONUS for that one parent.

I think 1 parent qualifies for “citizenship” if born outside of the CONUS..”NBC” requires two “citizen parents”, and born in CONUS.

(That is what I read when this obama fiasco spooled up years ago).


54 posted on 01/06/2016 8:21:20 PM PST by AFret.
[ Post Reply | Private Reply | To 52 | View Replies]

To: erkelly

It was George Romney who was born in Mexico.

The law DOES NOT require two citizen parents:

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.


55 posted on 01/06/2016 8:24:38 PM PST by The All Knowing All Seeing Oz (I carry a handgun because even a small police officer is too big and heavy to carry.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: semimojo

You do realize that Harvard Law Review is edited by students, right? And their "expert" alumni include John Roberts who re-legislated ObamaCare from the bench, Elana Kagan whose finding on animal cruelty depiction as Solicitor General was overturned by the SCOTUS, Ruth Bader Ginsburg who officiates in gay weddings without recusing herself in gay marriage hearings, Barack Obama who is after your 2nd Amendment rights at this moment, and then there is Susan Esterich ... All "experts" on Constitutional law. I don't think titles impress me as much as they impress you.


56 posted on 01/06/2016 9:15:17 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
[ Post Reply | Private Reply | To 45 | View Replies]

To: hoosiermama; Amntn; RoosterRedux; 2ndDivisionVet; HarleyLady27; BlackFemaleArmyCaptain

PING
NBC
More on what constitutes a NBC from Harvard Law

No doubt about it, I need a refresher course on US Civics


57 posted on 01/06/2016 10:00:30 PM PST by V K Lee (u TRUMP TRUMP TRUMP to TRIUMPH Follow the lead MAKE AMERICA GREAT)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dynoman

That same feeling has been felt from the very beginning. They work as a team, and do a darn good job of it. It’s like watching a new version of Dancing With the Stars would been seen (using my imagination as I’ve never watched DWTS)


58 posted on 01/06/2016 10:04:14 PM PST by V K Lee (u TRUMP TRUMP TRUMP to TRIUMPH Follow the lead MAKE AMERICA GREAT)
[ Post Reply | Private Reply | To 4 | View Replies]

To: taxcontrol

Screw the Naturalization Act of 1790. It was REPEALED by the Naturalization Act of 1795 and your precious little definition was CHANGED to “citizen”. You are putting forth a dishonest argument, and purposely so because you were made aware of the repeal by me in post number 35. Get lost with your crap.


59 posted on 01/07/2016 5:13:00 AM PST by Uncle Sham
[ Post Reply | Private Reply | To 51 | View Replies]

To: Uncle Sham

And the naturalization act of 1795 was also repealed as well as others until, following the chain, you get to the current law which is expressed in Title 8 section 1401.

You are the one who is putting forth a dishonest argument as you were made aware of this.


60 posted on 01/07/2016 5:44:55 AM PST by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
[ Post Reply | Private Reply | To 59 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson