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Women in Space.
DiogenesLamp

Posted on 08/31/2011 9:07:49 AM PDT by DiogenesLamp

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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.

1 posted on 08/31/2011 9:07:53 AM PDT by DiogenesLamp
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To: DiogenesLamp; darkwing104; Admin Moderator

BIG IBTZ!!!


2 posted on 08/31/2011 9:12:54 AM PDT by piytar (The Obama Depression. Say it early, say it often. Why? Because it's TRUE.)
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To: DiogenesLamp

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


3 posted on 08/31/2011 9:13:06 AM PDT by SoftwareEngineer
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To: DiogenesLamp

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.


4 posted on 08/31/2011 9:13:47 AM PDT by svcw
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To: DiogenesLamp

common law ad coelum doctrine: Yes
SCOTU: No
Marvin the martian: ZOT


5 posted on 08/31/2011 9:13:54 AM PDT by tumblindice (It's the Donner-Reed show!)
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To: DiogenesLamp

So all the DU people about to get zotted were born over Russia, China, and North Korea?


6 posted on 08/31/2011 9:16:02 AM PDT by I Hate Obama ("Sorry I had a fight in the middle of your Black Panther Party." -Forest Gump)
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To: DiogenesLamp

7 posted on 08/31/2011 9:17:12 AM PDT by Oztrich Boy (New gets old. Steampunk is always cool)
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To: DiogenesLamp
“Women in Space”

Sounds like one of those 50’s or 60’s science fiction movies.

Schlock extraordinaire!

8 posted on 08/31/2011 9:22:19 AM PDT by hummingbird
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To: DiogenesLamp
Here kitty...kitty...

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?

9 posted on 08/31/2011 9:22:59 AM PDT by txroadkill (I hated 0bama before it was cool)
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To: DiogenesLamp
Space is unclaimed territory per international treaty. Thus, orbit is orbit, and position overhead has nothing to do with sovereignty.

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.

10 posted on 08/31/2011 9:38:14 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: DiogenesLamp
Many foreign flights from Canada & the Caribbean are granted the privilege to fly through US air-space. Neither those aircraft or any of the passengers are considered to have "entered" the U.S..

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."

11 posted on 08/31/2011 9:54:58 AM PDT by drpix
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To: DiogenesLamp

A better question is which way in orbit do mudslimes face to pray to satanallah ?


12 posted on 08/31/2011 9:58:20 AM PDT by rawcatslyentist (It is necessary that a person be born of a father who is a citizen; ~Vattel's Law of Nations)
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To: DiogenesLamp

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.


13 posted on 08/31/2011 10:05:46 AM PDT by Elsiejay
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To: DiogenesLamp

If a tree falls in the forest...

Will WND generate webhits from it?


14 posted on 08/31/2011 10:21:26 AM PDT by Tex-Con-Man
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To: DiogenesLamp

Over an hour and no ZOT wow.


15 posted on 08/31/2011 10:31:51 AM PDT by Ratman83
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To: DiogenesLamp

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.


16 posted on 08/31/2011 10:42:14 AM PDT by IronJack (=)
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To: SoftwareEngineer
No. As stated, your question is stupid.

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.

17 posted on 08/31/2011 10:56:25 AM PDT by DiogenesLamp (1790 Congress: No children of a foreign father may be a citizen.)
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To: SampleMan
Suggest you think up an analogy question that will present an actual analogous issue.

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.

18 posted on 08/31/2011 11:00:40 AM PDT by DiogenesLamp (1790 Congress: No children of a foreign father may be a citizen.)
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To: DiogenesLamp

They would be a “space cadet.”


19 posted on 08/31/2011 11:02:30 AM PDT by Larry Lucido
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To: tumblindice

Probably Martian au jus.

“It’s a cookbook!”


20 posted on 08/31/2011 11:06:56 AM PDT by Larry Lucido
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