Can this child be POTUS?

Vanity ^ | 24 April 2011 | myself

[impimp]

A child was born in US after both parents commenced H1B VISA, but prior to receiving Green card, and prior to parents receiving citizenship. But citizenship and Green card are likely to be received within a few years.

[kabar]

I believe it was because there were many who were born elsewhere when the Constitution was adopted. And prior to gaining our independence, they were British citizens. A natural born citizen could be construed to mean one who gained that status thru jus solis. We still have birthright citizenship in this country.

[sjneuf]

I know its Easter,but seriously? All of the arguments are well-reasoned, but seriously, stop giving this troll fodder/ammunition.

[WhiskeyX]

An erroneous decision by a majority of the court with only a one vote majority, in contradicton to ealrier and later Supreme Court and District Court decisions, and a justice/s illegally appointed by Chester Arthur who was himself ineligible to serve as President.

[Cheerio]

Can this child be POTUS?

BUT here is the real question - WHO CAN CHALLENGE HIS RUN AS A CANDIDATE?

[cynwoody]

A child was born in US

Yes, unless the parents were diplomats or members of an occupying military force.

[kabar]

Acquisition of U.S. Citizenship by a Child Born Abroad"

Birth Abroad to Two U.S. Citizen Parents in Wedlock

A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA) provided that one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. The child is considered to be born in wedlock if the child is the genetic issue of the married couple.

Birth Abroad to One Citizen and One Alien Parent in Wedlock

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 genetically related to the child to transmit U.S. citizenship.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

A blood relationship between the person and the father is established by clear and convincing evidence; The father had the nationality of the United States at the time of the person’s birth;

The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and While the person is under the age of 18 years -- the person is legitimated under the law of his/her residence or domicile, the father acknowledges paternity of the person in writing under oath, or the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA-

A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.

[Waryone]

"The morons who claim the parents have to be citizens also are reading Mexico’s constitution, not ours."

Baloney, hogwash and poppycock!

Don't start pushing that nonsense. The Constitution is clear. Nothing has yet been written to remove the natural born citizen qualification for president found in the Constitution. The founders did not want someone with any allegiance to a foreign country stepping in and becoming president, period.

If what you say is correct, why is it that every candidate that has this concern in their background wants to hide this fact? Plus, Chester A. Arthur, the only person other than Obama ever to become president with this problem, hid the fact and did all he could to keep people from discovering it. There is a reason for this and your erroneous belief does nothing to explain it.

[cynwoody]

Well Jenny Granholm has said she was only 4 when she came here and that’s good enough for her. LOL

Good enough to be a failed governor of Michigan.

[cynwoody]

At this point, I believe that Arnold Schwarzenegger can be president.

Even with all his now evident faults, would Arnold not be an improvement on the incumbent?

[jcsjcm]

I should have finished the statement:

Again, I say to be of the country, it is necessary to be born of a person who is a citizen for if he be born there of a foreigner, it will be only the place of his birth, and not his country.

To be natural born is to be born of 2 US citizens (plural) owing allegiance only to this country. Otherwise your allegiance is divided.

[kabar]

We have birthright citizenship (jus solis.) The 300,000 to 400,000 anchor babies born each year to illegal aliens are American citizens entitled to all of the rights and benefits every other citizen has, including voting. They can get an American passport by proving that they were born in the US. We have three methods of citizenship: (1)conveyance thru parents (jus sanguinis), (2) being born on US soil (jus solis), and (3) naturalization thru immigration.

[Wayne07]

They use both because they were grandfathering in the generation of people who predate the constitution and the founding of the country. There is nothing in the text of the constitution that says or implies anything about the parents of a candidate...

[meadsjn]

Both parents were only here on temp working visas

they were not immigrants...no Green Card...no residency...no resgistration as Aliens...

They were equal to tourists...but with a longer visa and they could work...

They were not under the jurisdiction of the US government...

the child has no standing or right to US citizenship...

That is all correct. The whole fiasco of willy-nilly handing out US citizenship to anchor babies and visa visitors and such, is all part of the communist push to undermine the USA, since about 1956 and Ted Kennedy's immigration push.

[kabar]

The US Recognizes Dual Nationality

It is possible for someone to hold a US passport and another country's. That person could be born in the US of two US citizen parents who were born here. For Example, Ireland will issue an Irish passport to someone who can claim that their grandparents came from Ireland. It would be interesting to see if that person could run for President.

[noinfringers2]

At the time the Founding Fathers were debating the issue of POTUSA, one consideration uppermost in their minds was that POTUSA must not have any allegience to any foreign nation. This consideration is well documented and the final nail was when Jay recommended to Washington that qualifying restraints should be added to make sure that there was no person with any suspect allegience to any other nation would be POTUSA. This is also documented. Jay’s concern was explicitly addressed by requiring a’natural born’ citizen as distiguished from a citizen. It was understood then without doubt that any birth tainted with any allegience to any other nation but the USA should not qualify for POTUSA. McCain’s situation would be a fence sitter. If one goes by saying the Founders intended both ‘jus sanguinis’ and ‘jus soli’ must be honored as to parents and location then McCains eligibility is questionable. However ,if the facts of allegience of the parents and their location at any time, McCain becomes eligible for POTUSA. I don’t realize any such arguments in favor of Obama’s eligibility. I really don’t care for either McCain or Obama being POTUSA.

[kabar]

the child has no standing or right to US citizenship...

You are wrong. Even children who are born here to parents with tourist visas immediately acquire US citizenship under jus solis.

In addition to the 300,000 to 400,000 anchor babies born each year in this country, there is an active birth tourism industry in the US. People come here to have their children in order to have the "insurance policy" of US citizenship. Birthright citizenship is the current law of the land.

[cynwoody]

The morons who claim the parents have to be citizens also are reading Mexico’s constitution, not ours.

LOL! Indeed.

According to the Wikipedia, the qualifications for El Presidente de México are somewhat more stringent than those for President of the United States:

Chapter III of the Constitution deals with the executive branch of government and sets forth the powers of the president, as well as the qualifications for the office. He is vested with the "supreme executive power of the Union."

To be eligible to run for president, the following requirements must be met:

• Be a natural-born citizen of Mexico ("mexicano por nacimiento"), with at least one parent who is a natural-born citizen of Mexico.
• Be a resident of Mexico for at least two decades (20 years).
• Be 35 years or older at the time of the election.
• Be a resident of Mexico for the entire year prior to the election.
• Not be an official of any church or religious denomination.
• Not be in active military service during the six months prior to the election.
• Not be a secretary or under-secretary of state, attorney general, or governor of a State at least six months prior to the election.
• Not having been president already, even in a provisional capacity (see Succession below).

Mexicano por nacimiento ... hmmm. That means Mexican by birth. So, if Stanley Ann had been a little, loose señorita Mexicana, would that have made little Barry Mexican by birth, and, if she were herself Mexicano por nacimiento, would little Barry be eligible to be El Jefe?

[noinfringers2]

They might acquire status as citizens but they do not acquire status as natural born cititizens. To use only jus soli as a sole criteria is neglecting the twin/ associated criteria of jus sanguinis and the basis of allegience. The point has been made as to why would the Founding Fathers who were learned men explicitly call out for ‘natural born’ citizen only in respect to POTUSA.

[cynwoody]

For Example, Ireland will issue an Irish passport to someone who can claim that their grandparents came from Ireland. It would be interesting to see if that person could run for President.

Obviously, the answer to that question is yes. Otherwise, if Ireland didn't like how a US election was shaping up, they could just enact a law making, for example, anyone who has served as Governor of Alaska eligible to be issued an Irish passport.

[Kevmo]

Of course the child can become POTUS. Look at how Obama is ineligible by the constitution and yet, he’s the President.