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To: P-Marlowe

Here’s a dose of reality for you.

Although it is generally accepted that birth-right citizenship includes both those born on U.S. soil and overseas to U.S. citizen parents, it was not always the case, said T. Alexander Aleinikoff, a constitutional scholar who will shortly become dean of Georgetown University Law School in Washington.

In 1790, he said, Congress passed the Immigration and Naturalization Act, which gave citizenship to children born overseas if the father was a U.S. citizen. In 1934, it was extended to include the children of mothers who were citizens.

But whether people born in those circumstances can serve as president has never been set in legal concrete because it has never been challenged, said Aleinikoff, who specializes in citizenship issues.

“The Constitution does not say you have to be born in the United States, so there is room to decide what ‘natural born’ means, but the informal interpretation that we all accept has never been tested,” he said.

“Clearly, though,” he said in an interview, the Constitution “indicates anybody who is naturalized is not natural born, and this is a ridiculous provision.”


207 posted on 01/08/2008 6:06:40 PM PST by BlueMoose
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To: BlueMoose

“The Constitution does not say you have to be born in the United States, so there is room to decide what ‘natural born’ means, but the informal interpretation that we all accept has never been tested,” he said.

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Some think that it has been tested. Some day the court will have to tell us what “ natural Born” is but to day we only have an informal understanding. If this has been tested I would like them to tell me when and where.


208 posted on 01/08/2008 6:10:21 PM PST by BlueMoose
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