Posted on 03/27/2013 7:04:25 PM PDT by butterdezillion
Just because old civics and history books mention that a child born abroad to two citizens parents is a ‘Natural born Citizen’, doesn’t make it law.
The following is often used to support people like Rubio who seek to be President, but it was superceded centuries ago and is a false argument.
The First U.S. Congress included in the 1790 Immigration & Naturalization Act language to alert the State Department to the fact that Americans born abroad are natural born citizens and are not to be viewed as foreigners due to foreign birth. They were not granted citizenship via that US statute rather citizenship was stated as a fact that must be recognized by immigration authorities. These children were not citizens by any other means than natural law, according to Congress, and statutory law was written to insure that their natural citizenship was recognized.
Firstly, this is not a reasonable explanation. It fails to recognize that Congress only has powers over naturalization and has no power to define natural born Citizen, which has nothing to do with naturalization. Furthermore, if Congress wants to tell the State Department something, they dont have to enact legislation to do it.
But more important is that all of the following naturalization acts, 1795, 1802, etc., were also passed to naturalize the children of U.S. citizens born abroad. And the words natural born were repealed in the 1795 Naturalization Act and never returned again.
A natural born citizen does not require a law, or statute, to determine nationality or citizenship. Born in a nation (jus solis) of citizen parents (jus sanguinis) a child is naturally a citizen, period.
[The latin expression, ‘jus solis’, means “of the soil”; ‘jus sanguinis’ means “of the blood”.]
Many military families are surprised to discover that their children, born in military hospitals at overseas locations, are not eligible to be President though deriving their citizenship from their parents.
When the U.S.Constitution was written I’m sure that the nation’s founders never foresaw U.S. military bases in foreign locales manned by millions of Americans and accompanied by their families.
That isn’t true of Mexico.
To be a Mexican citizen, one or both parents must be Mexican citizens. Just being born in Mexico doesn’t matter.
Gov.George Romney was born in Mexico to U.S. citizen parents. Mexico did not recognize George Romney as being Mexican, and when his parents returned to Utah when George was 7-years old, he was a U.S. citizen because his parents were Americans.
George Romney couldn’t serve as President, due to his birth in a foreign nation, and dropped his attempt to become a Republican candidate for that office in the 1960s. His son, Gov.Mitt Romney, delivered his ‘Natural born Citizen’ bona fides to the Republican Party early in 2012, as did Ron Paul and Newt Gingrich. Richard J. Santorum, who is ineligible to be President, did not. His father was an Italian citizen who naturalized as a U.S. citizen three years AFTER his son’s birth in Pennsylvania.
Many thanks for the info on Mexico with respect to Romney.
That is an example of the foreign country not having a claim on the person born there.
Then is he a citizen by u.s. rules (most likely).
Since Mexico hasn’t a claim on him, and the u.s does, then he can’t be in the position to have to choose between the two.
“.....I.e. the foreign country cant say to the parents”
In my post snippet above, “parents” should read “children”
“Just because old civics and history books mention that a child born abroad to two citizens parents is a Natural born Citizen, doesnt make it law.”
Naturally, it doesn’t. I was calling attention to the distortion of history and education via the Progressives.
Those of us who were educated years ago, remember what a Natural Born citizen was. Our textbooks and history books and teachers and professors ALL confirmed to us what a Natural Born citizen was. However, now that the Progressives have taken over, they are no longer teaching our children what a Natural Born citizen really is.
Cheers!
Former “war hero” allen west could NOT “absorb” Mike Zullo’s prove of the criminal act of forged documents saying he had to distance himself from it because he might one day run for political office again, hello!!!
According to Carl Gallup!!!
Why isn’t Cruz a dual citizen, since his father was Cuban and mother was American?
Really?
Well, my estimation of West just went into the toilet.
Very most of our military active personnel seems to be in the same tank by their “weak” OATH taking to the Constitution by defend and protect it!!!
Where are they today, hmmm???
Agreed.
A Natural Born citizen is a citizen, who at the time of their birth has the right to one and only one citizenship because this citizen was born in the country of which his or her parents were citizens.
Yes.
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.