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To: Cyropaedia

“Citizenship is determined through the status of the parents. It can’t work any other way because a newborn infant is simply incapable of making any decisions for itself. Period.”

This is why citizenship cannot rely on the status of the parents. I don’t see why your status would be anything other than an American. It is precisely *because* the child cannot make their own decisions that their status should not be influenced by their parents.

“And they specifically explained that meant, “ ...not owing allegiance to anyone else.”

How does that apply to an infant born in the US? The infant does not have any other allegiance to anyone other than America. The parents do, which is why they cannot become Americans. The infant is a different case.


72 posted on 01/03/2011 11:08:25 PM PST by BenKenobi (Rush speaks! I hear, I obey)
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To: BenKenobi
This is why citizenship cannot rely on the status of the parents. I don’t see why your status would be anything other than an American. It is precisely *because* the child cannot make their own decisions that their status should not be influenced by their parents.

NO, this is precisely why it must : the Law simply does not recognize a newborn infant's ability to make ANY decisions on it's own behalf, separate from it's parents. Period. ALL decisions involving the infant must be made on it's behalf by others; specifically the parents. That's the way the law has always worked.

This is how it goes for all newborn infants; and why citizenship is determined through the parents, wether they be citizens or illegals.

How does that apply to an infant born in the US?

Again, the Law simply does not recognize the ability of a newborn infant to make any decisions on it's own behalf, -separate from its parents.

The infant does not have any other allegiance to anyone other than America.

Nonsense. A newborn infant doesn't even have the slightest idea of what allegiance *is* ( or even in what country it's currently residing ).

Being born within the U.S., in and of itself, does not bestow allegiance. That is precisely why the 14th Amendment lists two criteria for birthright citizenship : being born within the U.S. AND "subject to the jurisdiction thereof.". It's not simply being born within the U.S.

Thus, the allegiance issue ( for all newborns) is determined through the parents.

75 posted on 01/04/2011 3:44:39 AM PST by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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