Posted on 08/31/2011 9:07:49 AM PDT by DiogenesLamp
Messed up a bit on my first attempt. :)
Legal question for all you jus soli types. Suppose a foreign woman was orbiting the earth. Does the child become an American only if they happen to be over the United States when he pokes his head out?
This is why your argument is so stupid. Ponder that for a bit.
This is why your argument is so stupid. Ponder that for a bit.
BIG IBTZ!!!
No. As stated, your question is stupid.
You said “in space”. As per treaty (which the US has ratified), no country has any soveriegnity over space (which is generally defined as anything from 100 kms to 100 miles)
That is why the Soviets could orbit a satellite above us and we could not even complain, leave alone shoot it out of orbit.
So, if there is a prego foriegn chick (hopefully she looks like Catherine Zeta Jones) in space and she pops a baby out, the baby will not have been born on US “soil”.
So, even if you are jus soli.
So, use a better example, maybe an airplane
I took a international class once and they stated on open seas there are two thing that happens if a baby is born aboard. One - citizenship is determined by what country the captain is from and Two - what flag the ship flies.
If they are not the same the baby could have dual citizenship as both counties will claim the child, as well as the citizenship of the paretns.
Now those may have been changed but it was like then.
Generally space is referred as open sea.
common law ad coelum doctrine: Yes
SCOTU: No
Marvin the martian: ZOT
So all the DU people about to get zotted were born over Russia, China, and North Korea?
Sounds like one of those 50’s or 60’s science fiction movies.
Schlock extraordinaire!
Hey, I was in before the ZOT the first time he posted this, do I get credit under a grandfather clause or do I have to be in before the ZOT in both threads?
Logically, the spaceship would be considered to be sovereign soil, and treated just like an embassy. The child of foreign parents born on a U.S. spaceship MIGHT have a claim on U.S. citizenship, but not a strong claim.
Suggest you think up an analogy question that will present an actual analogous issue.
Without a landing, births on those flights are legally outside the U.S.. "Jus soli" ("right of soil") means what it means. Space craft and their passengers outside the earth's atmosphere fail even more to meet "jus soli."
A better question is which way in orbit do mudslimes face to pray to satanallah ?
No doubt you are aware, if establishing eligibility for holding the office of President of the U.S.A. is the basis of the little fable you have posited, that it is also required that both parents of a prospective candidate for said office be citizens of the U.S.A. at the time of his/her birth, no matter where birth occurred.
If a tree falls in the forest...
Will WND generate webhits from it?
Over an hour and no ZOT wow.
The Diogenes of old walked the streets of Athens with a lantern, looking for an honest man.
This Diogenes should spend some time looking for his common sense. For that he needs a lamp less than he needs a colonscope.
No, the question is not stupid, the focus on the trivial technicalities of it is stupid. They are irrelevant to the point.
So, use a better example, maybe an airplane
See there! You did understand after all. :)
Anyway, if prior experience is any indication, using a plane for the thought experiment would result in people asking what color it was or some other equally trivial point.
Can you not do this without my help for the purposes of answering the question? Use a hot air balloon for all I care, dodging the point by invoking irrelevant technicalities is not the behavior of someone who has an actual rebuttal.
They would be a “space cadet.”
Probably Martian au jus.
“It’s a cookbook!”
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