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Are "anchor babies" eligible at 35 to be POTUS?
8/28/2009 | Kellynla

Posted on 08/28/2009 11:17:40 AM PDT by kellynla

Are "anchor babies" eligible at 35 to be POTUS?


TOPICS: Chit/Chat; History
KEYWORDS: anchorbabies; article2section1; birthcertificate; birthers; certifigate; citizenship; eligibility; ineligible; naturalborn; naturalborncitizen; obama; potus; usurper
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1 posted on 08/28/2009 11:17:41 AM PDT by kellynla
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To: rolling_stone

ping


2 posted on 08/28/2009 11:18:02 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla

they are citizens not natural born citizens, totally different.


3 posted on 08/28/2009 11:18:43 AM PDT by pennboricua
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To: kellynla

If they are citizens - yes. (Although, being a citizen doesn’t seem to matter any longer.)


4 posted on 08/28/2009 11:18:50 AM PDT by svcw (Legalism reinforces self-righteousness - it communicates to you the good news of your own goodness)
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To: kellynla

Apparently ANYONE is eligible to be president at age 35.


5 posted on 08/28/2009 11:18:56 AM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: WayneS

Thanks to Ted Kennedy, yes.


6 posted on 08/28/2009 11:19:23 AM PDT by massgopguy (I owe everything to George Bailey)
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To: kellynla

If Obama is, then the answer is Yes, as he has never had to show his BC. So what is the point of having that as a rule?????


7 posted on 08/28/2009 11:19:42 AM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective!)
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To: svcw

citizen / natural born


8 posted on 08/28/2009 11:19:44 AM PDT by svcw (Legalism reinforces self-righteousness - it communicates to you the good news of your own goodness)
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To: kellynla

Since non-citizens are eligible, I don’t see why anchor babies aren’t.


9 posted on 08/28/2009 11:20:05 AM PDT by Arthur McGowan
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To: kellynla

Obama did.


10 posted on 08/28/2009 11:20:34 AM PDT by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: kellynla

Yes. Under the current interpretation of citizenship law, they are natural born citizens.


11 posted on 08/28/2009 11:21:13 AM PDT by B Knotts (Calvin Coolidge Republican)
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To: kellynla

Yes.


12 posted on 08/28/2009 11:21:37 AM PDT by Melas
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To: kellynla

Clause 5. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been Fourteen Years a Resident within the United States.


13 posted on 08/28/2009 11:21:52 AM PDT by svcw (Legalism reinforces self-righteousness - it communicates to you the good news of your own goodness)
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To: kellynla

Are you cracking wise, Kelly?

:^)


14 posted on 08/28/2009 11:22:05 AM PDT by Cyber Liberty (I AM JIM THOMPSON!)
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To: kellynla

If things keep up the way they are going now, it won’t make any difference by then


15 posted on 08/28/2009 11:23:10 AM PDT by SMARTY ("Stay together, pay the soldiers and forget everything else" Lucius Septimus Severus)
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To: kellynla
"Are "anchor babies" eligible at 35 to be POTUS?"

According to US v. Wong Kim Ark they are, especially if you read Fuller's dissent. Fuller laments the fact that, because of this majority's opinion, a child born to two US citizens outside the US would not be eligible to be President, but a child born to two non-Citizens on US soil, would be eligible to be President.

Pretty much sums it up.

16 posted on 08/28/2009 11:23:26 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: WayneS

“Apparently ANYONE is eligible to be president at age 35.”

Or 27 for a 27 YO Dem candidate.


17 posted on 08/28/2009 11:24:35 AM PDT by charmedone
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To: kellynla

Yes, they are Natural Born Citizens. Hence the term “anchor baby.”


18 posted on 08/28/2009 11:25:34 AM PDT by Drew68
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To: B Knotts

No way!
Both parents have to be americans!


19 posted on 08/28/2009 11:26:36 AM PDT by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: OldDeckHand

Sad.


20 posted on 08/28/2009 11:26:37 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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Yes, of course. Does not being the child of an illegal constitute a “compelling personal story?” If being born in NYC of US Citizen Puerto Ricans entitles an openly racist mediocrity to a seat on the Supreme Court, the sky would seem to be the limit for the offspring of illegals.
21 posted on 08/28/2009 11:27:24 AM PDT by Godwin1
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To: kellynla

anchor baby = us citizen, red, white, & blue.


22 posted on 08/28/2009 11:28:04 AM PDT by BGHater (Insanity is voting for Republicans and expecting Conservatism.)
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To: pennboricua; All

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23 posted on 08/28/2009 11:29:26 AM PDT by Tennessee Nana
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To: kellynla
How about foundlings? children found in the US under age five of unknown parentage are citizens at birth lacking any proof otherwise before they are 21 years of age..yeah thats what we need anchor babies and foundlings as President...the law is an a$$...if that is the case.

8 USC
§ 1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States

24 posted on 08/28/2009 11:30:02 AM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: kellynla; MHGinTN

Big fat NO...

Theyre not natural born citizens...


25 posted on 08/28/2009 11:30:26 AM PDT by Tennessee Nana
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To: WayneS
Apparently ANYONE is eligible to be president at age 35.

With no authority to make sure the selection or president is between ELIGIBLE candidates, it appears, like ignored immigration laws, you are correct. Judges appointed to make sure things like this don't happen ever appear to be either "on the take," "fearful for their lives or the lives of their family members" or "don't give a rat's rump who fills the job".

26 posted on 08/28/2009 11:30:56 AM PDT by MamaDearest
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To: devistate one four
No way!

Both parents have to be americans!

In Birther mythology, yes. Per the Constitution, no.

27 posted on 08/28/2009 11:30:56 AM PDT by Drew68
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To: kellynla

Luke ‘’The Drifter’’ says:
“We Americans got so tired of being thought of as dumbasses by the
rest of the world that we went to the polls last November and removed all doubt.”


28 posted on 08/28/2009 11:32:07 AM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: kellynla

If the libs can cook up an “Hawaiian CoLB” for them, you bet!!


29 posted on 08/28/2009 11:32:23 AM PDT by F15Eagle (1 John 5:4-5, 4:15, John 11:25, 14:6, 1 Tim 2:5, John 3:17-18, John 20:31, 1 John 5:13, John 6:69)
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To: kellynla

Yes. They are natural-born, not naturalized.


30 posted on 08/28/2009 11:34:40 AM PDT by RightOnTheLeftCoast (Cheney/Palin 2012!)
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To: WayneS
Apparently ANYONE is eligible to be president at age 35.

A bad birth certificate can take care of the age 35 problem.

31 posted on 08/28/2009 11:35:22 AM PDT by mountainlion (concerned conservative.)
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To: Tennessee Nana
"Theyre not natural born citizens..."

Sure they are. They are not naturalized citizens, they were born citizens: natural-born.
32 posted on 08/28/2009 11:35:46 AM PDT by RightOnTheLeftCoast (Cheney/Palin 2012!)
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To: rolling_stone

Thanks for that.

Glad you are here to keep the “perry mason” types in line. LOL


33 posted on 08/28/2009 11:39:38 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: OldDeckHand

Not so fast.

The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who at the time of his birth are subjects of the emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the fourteenth amendment of the constitution: '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.'

True to legal form, the question put before the court was extremely narrow and explicitly described. No question of natural-born citizen was raised in it. Only the concept of "citizen" is in question and this is reinforced by adjoining "born or naturalized" to it (natural-born-citizens would not required naturalization). The ruling in Wong Kim Ark is careful to step around the NBC definition. And the SCOTUS does not have the authority to define natural born citizen in any shape way or form. The legislature is granted in the Constitution the ability to manifest uniform rules of naturalization. But even the legislature is not granted the authority to redefine NBC from what it was commonly known to be. To grant that authority would (should) necessitate a Constitutional Amendment -- but of course the liberals prefer to legislate from the bench.

Bottom line, SCOTUS cannot define NBC and does not do so in Wong Kim Ark -- it only affirms "citizen"ship for the individual meeting the above listed criteria.


34 posted on 08/28/2009 11:41:04 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: kellynla

sigh,,,, anchor babies were outlawed by the 1996 immigration reform.

Custody follows the parents so when the illegal alien parents are deported the us citizen child goes with them but is able to return at 18. The children of that citizen are only citizens by birth IF the citizen has lived in the USA for 10 years continuously.

There are no more anchor babies under the law.

I think you must mean birthright citizenship.


35 posted on 08/28/2009 11:47:15 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Tennessee Nana

The current POTUS trumps your big fat NO and thus if you can finesse whatever vetting process exists (and apparently not much of one does exist) you’re in.


36 posted on 08/28/2009 11:53:00 AM PDT by xp38
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To: longtermmemmory
Good to know.

I just thought I would throw the question out there since there seems to be disagreement on the issue.

BTW, if you have a link on that info I would appreciate it.

37 posted on 08/28/2009 11:53:24 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: so_real

If one is born a citizen, then one is a natural born citizen.

There are only two classifications of citizenship: those born to it and those who obtain it (i.e. naturalization).


38 posted on 08/28/2009 12:02:19 PM PDT by SoothingDave
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To: kellynla

It doesn’t seem to matter any more. If you think it does, then you are a right-wing radical kook. Lord forbid we respect the Constitution...


39 posted on 08/28/2009 12:05:10 PM PDT by thecraw (Christian by choice, American by the grace of God. Oh yeah, a Birther too!)
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To: so_real
"And the SCOTUS does not have the authority to define natural born citizen in any shape way or form. The legislature is granted in the Constitution the ability to manifest uniform rules of naturalization. But even the legislature is not granted the authority to redefine NBC from what it was commonly known to be."

Unfortunately, you're substituting how you think the law should behave, in place of how the law actually behaves.

Since Marbury, the court has been given (or has just taken) increasing liberty in defining or redefining what specific words or statements mean in practical application. As an example, "arms", as in the "right to keep and bear", is not defined anywhere in the Constitution. Certainly, legislative acts have attempted to - in a peripheral or incidental way - define what "arms" actually means. SCOTUS, when hearing challenges to those laws and definitions, can either expand, narrow or reaffirm what's been legislated. The same holds true here.

Why is the dissent in Ark probative for a subsequent court, especially if Ark is such a narrow ruling? Contemporary courts, when deciding cases, often time rely on prior court decisions to help guide or frame their opinions on the contemporary matter at hand. And, in an attempt to better understand the practical application of a prior decision, the court will look at the dissenting opinion to determine what the case was about, in it's entirety. You're right insomuch that Ark was a fairly narrow ruling, but sometimes even the most narrow of rulings can have profound and widespread ramifications. One need look no further than Marbury v. Madison to see this an example of this. That decision was about a judicial appointment, but the practical application of that case as a future precedent was indescribably more important than just a judicial appointment.

More directly to your statement - "SCOTUS doesn't have the authority to define...", I'm afraid as a practical matter, that just isn't accurate. If it was accurate, we wouldn't have had an expansion of the definition of "privacy" to include the murder of unborn children - as is the case in Roe v. Wade.

To be clear, I don't believe that the framers intended "natural born" to include children of parents that aren't citizens. Then again, I don't think that the framers intended that the Fourth Amendment be a license for a mother to murder her unborn children, but that's what it's become.

40 posted on 08/28/2009 12:10:25 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: F15Eagle
If the libs can cook up an “Hawaiian CoLB” for them, you bet!!

Looks like the Obots are already hard at work "constructing" one for Hussein:



Link to this is here (among other barf-worthy items)
41 posted on 08/28/2009 12:14:15 PM PDT by thecraw (Christian by choice, American by the grace of God. Oh yeah, a Birther too!)
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To: kellynla

Hey, apparently if you’re born in a hut in kenya, you can be POTUS. At least an “anchor baby” is born in the US, even if they don’t qualify under the “natural born” provision.


42 posted on 08/28/2009 12:15:19 PM PDT by The Sons of Liberty (FUBO - No socialist Bureaucrat on a Death Panel is going to decide whether I live or die!)
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To: kellynla

Hey, apparently if you’re born in a hut in kenya, you can be POTUS. At least an “anchor baby” is born in the US, even if they don’t qualify under the “natural born” provision.


43 posted on 08/28/2009 12:15:20 PM PDT by The Sons of Liberty (FUBO - No socialist Bureaucrat on a Death Panel is going to decide whether I live or die!)
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To: devistate one four

“No way!”
“Both parents have to be americans!”

Could you please cite the law that states that Both parents have to be americans in order for one to be a natural born citizen?


44 posted on 08/28/2009 12:16:24 PM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: All

From what I have heard that if you research the man that wrote the section about being born in the USA. He explains in some of his writings that it DOESN’T pertain to anchor babies, it was only written to guarantee that legal citizens kids would be automatically citizens. I am afraid I don’t have the authors name. But this is just another incident of laws being misinterpreted at our expense.


45 posted on 08/28/2009 12:17:01 PM PDT by uncle fenders
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To: kellynla

Fidel/Kim 2012!


46 posted on 08/28/2009 12:19:18 PM PDT by bgill (The evidence simply does not support the official position of the Obama administration)
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To: OldDeckHand

To be clear, I don't believe that the framers intended "natural born" to include children of parents that aren't citizens. Then again, I don't think that the framers intended that the Fourth Amendment be a license for a mother to murder her unborn children, but that's what it's become.

And I would agree with you completely on that. My perception is that the contemporary court has overstepped its bounds on numerous occasions. This is a habit Congress could circumvent by means of checks-and-balances, but has failed to do so. (The Founders were not naive; they certainly foresaw the need for keeping the Branches in check.) Just because the SCOTUS has taken it upon itself to redefine and expand certain words, does not mean they had the authority to do so. In your summary you seem to take the tack that because they have done so, successfully, they are legally empowered to do so at will. Or, perhaps I misunderstand. Either way, I could not disagree with that premise more.


47 posted on 08/28/2009 12:22:31 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: pennboricua
they are citizens not natural born citizens, totally different.

Sorry.... A person born within the United States is a natural born citizen. The 14th Amendment opens,

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.

Highlights added for your convenience.

Bottom line: Born in the US = "natural born." Not born in the us = "naturalized."

48 posted on 08/28/2009 12:24:19 PM PDT by r9etb
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To: devistate one four

Nope


49 posted on 08/28/2009 12:25:22 PM PDT by MilspecRob (Most people don't act stupid, they really are.)
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To: thecraw
They still have race as “African”?

Like French, Swiss, American, Japanese, Chinese, et al?

Imagine if one's “race” was Yugoslavian or Prussian?

It's amazing the dumbing-down of America where the general population doesn't know the difference between race and ethnicity.

50 posted on 08/28/2009 12:29:01 PM PDT by F15Eagle (1 John 5:4-5, 4:15, John 11:25, 14:6, 1 Tim 2:5, John 3:17-18, John 20:31, 1 John 5:13, John 6:69)
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