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To: BuckeyeTexan

So you feel that it is not whether a president’s parents were BORN as US citizens but whether they ever became US citizens?
Could you point me to a law in the US Code, a Supreme Court decision or a clause in the Constitution that backs up your point of view?

With specific regard to Barack Obama, the Indiana Court of Appeals ruled last November that: “Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by [the 1898 US Supreme Court decision in US v] Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents. Just as a person ‘born within the British dominions [was] a natural-born British subject’ at the time of the framing of the U.S. Constitution, so too were those ‘born in the allegiance of the United States natural-born citizens.’”—Indiana Court of Appeals, Ankeny et. al. v The Governor of Indiana, Mitch Daniels, Nov. 12, 2009


35 posted on 04/29/2010 1:22:34 PM PDT by jamese777
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To: jamese777
So you feel that it is not whether a president’s parents were BORN as US citizens but whether they ever became US citizens?

Absolutely. A child born in the U.S. to two naturalized U.S. citizens is not only a citizen, but also a natural born citizen.

Could you point me to a law in the US Code, a Supreme Court decision or a clause in the Constitution that backs up your point of view?

Sure.

MINOR v. HAPPERSETT, 88 U.S. 162 (1874)

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.

Note that the Court does not claim that the child's parents must be natural born citizens but simply citizens.

The 14th Amendment defines who shall be citizens.

14th Amendment

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

I'm aware of the Indiana decision. I disagree with it. I also believe that if it were ever tested, it would not be upheld.
38 posted on 04/29/2010 2:23:49 PM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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