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American Citizen, Native Born Citizen, Natural Born Citizen, Why these Terms are Important?
His Master's Voice | 8/4/09 | HMV

Posted on 08/04/2009 12:25:56 PM PDT by Hillary'sMoralVoid

What I find so amazing about the "birther bashers" (or "afterbirthers" as I call them) is that they have so little appreciation for the complexity of Obama's citizenship dilemma. They also do not appreciate the trap doors that exist at various points in his life regarding adoption and immigration between countries where he resided. Most of all, though, they don't understand the basic terms that they banter about.

In short, Obama's life path is fraught with potentially disqualifying conditions for the office he holds. As a constitutional law instructor, perhaps no one understands these conditions like he does, and that explains his intransigence in releasing anything that might expose him to constitutional challenge.

Let me just take a stab at a few terms that the 'afterbirthers" throw around like they are interchangeable.

American citizen - this only means that at least one of the birth parents was an American and that the indivicual was naturalized, if not born in the US. These alo include immigrants who have been naturalized citizens. You can be considered an American citizen if you have dual citizenship with another country. To scream that Obama is an American citizen, as many afterbirthers do, proves NOTHING avout his right to be president. Even Syrian-born Tony Rezko is an American citizen.

Native Born Citizen - this means that an individual, in addition to having at least one parent who is an American citizen and you were born on US soil (including territories and American bases). Although this term is thrown around by afterbirthers, this still does not meet the definition of a Natural Born Citizen.

Natural Born Citizen - this is an individual born of two American parents, whether the parents were native born or were foreign born and then naturalized. I believe that Bobby Jindal's parents were not native born, but he would be qualified for president because both parents were American citizens through the naturalization process.

The afterbirthers scream that there were seven presidents born that had at least one foreign parent like Obama. That is true, but in every case, the foreign parent was naturalized, with the exception of Chester Arthur. His father was Irish and became a Canadian citizen, never a naturalized US citizen. He obviously realized he was not qualified for office because he actually burned some of his personal records to keep anyone from finding out. A familiar pattern of behavior?

The fact is, we don't need to go to Kenya to disprove Obama's eligibility. It is hidden in plain sight. He is not a Natural Born Citizen due to to his Kenyan father. The Supreme Court simply has to take on this issue to declare that the meaning of the term has never changed. Constitutional scholars have been eerily silent on this issue, but in the research I've done, I can find no other interpretation.

As mentioned earlier, there is a plethora of reasons why Obama might otherwise be unqualified should the Supreme Court not decide against his natural born status, but that is the most logical starting point.

Thoughts, additions, corrections welcome.


TOPICS: Constitution/Conservatism; Miscellaneous
KEYWORDS: allahpundit; certifigate; charlesjohnson; chat; hillary; hotair; lgf; nativeborn; nativeborncitizen; naturalborn; naturalborncitizen; pumas; vanity
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1 posted on 08/04/2009 12:25:56 PM PDT by Hillary'sMoralVoid
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To: Hillary'sMoralVoid

We only recognize 2 levels of citizenship in this country, not three. There are naturalized citizens and natural born citizens.


2 posted on 08/04/2009 12:28:19 PM PDT by Melas
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To: Melas

True. Native born is a canard that the afterbirthers use.


3 posted on 08/04/2009 12:31:09 PM PDT by Hillary'sMoralVoid
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To: Hillary'sMoralVoid

Well, I refuse to be intimidated for trying to uphold the Constitution. All I want to see is proof that Barry is a natural born citizen as per the Constitution. People can call me all the names they want but I’m not budging.


4 posted on 08/04/2009 12:31:34 PM PDT by Parley Baer
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To: Hillary'sMoralVoid

Excellent post....

From now on...everytime a faux-con after-birther waxes poetic about the constitution, liberty, law, morals, etc....remember that they really do not believe in those things if they are calling birthers “kooks”

Obama’s eligibility to be President is probably the most important constitutional issue of our time....and we have fraud-cons siding up with DailyKos and HuffPo


5 posted on 08/04/2009 12:32:04 PM PDT by UCFRoadWarrior (Know the difference between "conservative" and "republican")
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To: Melas

It would have been easier to disqualify him before the election than since. McCain’s camp didn’t raise this issue.

If you go back one year ago to the day, MANY OF US HERE WERE SCREAMING ABOUT THIS THIS ALMOST DAILY!...

Uncovering this now will have the result only of weakening his presidency not ending it.

That’s why the issue is bigger now and one of his lack transparency and secrecy.

We know nothing about this man. NADA. Nothing about the courses he took in college, his grades. His law school work or his work in the Illinois legislature.

His biographies are uniquely written and carry the air of a ghost writer, and that being William Ayers.

His response or I should say his calculated response to the Crawley/Gates incident botheres a lot of people as we fear that this guy is anything but a unifier because of his inbred and imbued racism.

I’m not an Obama hater or Kook, Mr. O’Reilly. I find your portrayal of people in this forum with these concerns insulting.

I also find that you are poorly informed on this entire issue. Your body language tells everyone that you are lying when you say you have seen the long form of the BC and that you can vouchsafe for Obama’s citizenship.

The BC is a side show.


6 posted on 08/04/2009 12:35:55 PM PDT by nikos1121 (praying for -13)
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To: Hillary'sMoralVoid; Melas
What is the source of your definitions? If you just made them up yourself (and I haven't seen anything similar anywhere else), then you're just begging the question. You've created a definition that makes you right . . . but anyone else is logically able to create their own definition that makes them right. No one convinces the other.

I think Melas has the correct understanding. There are natural-born citizens and naturalized citizens. One obtains their citizenship by right of birth, either because their parents are citizens or because they were born 'in the US' (defined in various ways, as for McCain). The other obtains their citizenship through a naturalization process when the 'natural-born' conditions do not apply.

Since it is acknowledged that Obama's parents were not both US citizens, then his only claim to citizenship is that he was born in the United States. It's either true or not.

In fact, I think he was born in Hawaii. I just think that if there is even the slightest question about it, he should be required to demonstrate it unambiguously. Right now, there are any number of ways that his citizenship could have been faked.

The real issue is whether the burden of proof is on him to show that he is qualified for the office, or whether the burden of proof is on someone else to show that he is not. Since he is in power, there is no incentive for him to take on that burden of proof, particularly since he probably can't prove it unambiguously due to the standards of record-keeping in Hawaii at the time.
7 posted on 08/04/2009 12:44:43 PM PDT by Phlyer
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To: Hillary'sMoralVoid

Question: My husband has been a US citizen since birth, but I became a citizen in 2000, that is 5 years after my youngest one was born. Both my children were born in the US, one parent was a US citizen but the other became a citizen after they were born. Are they natural born citizens or not? It seems to me that they are more than native born citizens, since at this time both their parents are US citizens, but they may not measure up to natural born citizens. Am I right? If so, what would you call this 4th class of citizens?


8 posted on 08/04/2009 12:44:56 PM PDT by Former Fetus
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To: Hillary'sMoralVoid

What about the “Anchor” babies; those born of a foreign national mother on American soil?


9 posted on 08/04/2009 12:52:08 PM PDT by OldNavyVet
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To: OldNavyVet

American citizens, not natural born.


10 posted on 08/04/2009 12:55:14 PM PDT by Hillary'sMoralVoid
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To: Former Fetus

Technically no, you and husband were NOT both citizens at time of birth.


11 posted on 08/04/2009 12:57:45 PM PDT by Hillary'sMoralVoid
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To: Phlyer

Definitions are gleaned from a voluminous amount of reading on the subject, but I am certainly not the final authority.

Native born citizen is not a legally defined citizenship as far as I can tell, but it is throwhn around by the afterbirthers like it is!

“Since it is acknowledged that Obama’s parents were not both US citizens, then his only claim to citizenship is that he was born in the United States. It’s either true or not.”

He’d still be a citizen if born in Hawaii, but not a natural born citizen (therefore unqualified). Had Stanley Ann not declared who the father was, it could not be proven that he was not a natural born citizen (born to two American parents) assuming they could not find a foreign father through DNA.

The whole point of the article is that he is not, and has never been a Natural Born Citizen of the united States, per the constitution.


12 posted on 08/04/2009 1:07:06 PM PDT by Hillary'sMoralVoid
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To: Melas

There are naturalized citizens and natural born citizens.

Sure ... but there are several flavors of "naturalized". There is naturalized-by-statute, naturalized-by-treaty, naturalized-by-resolution, and ... after the 14th Amendment was ratified ... naturalized-by-birth. Perhaps there are others as well! Congress was given the ability to define "uniform" laws of naturalization by Article I. Where power is granted, power is abused. Is it any wonder a multitude of naturalization methods were introduced?


13 posted on 08/04/2009 1:16:04 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Former Fetus
It seems to me that they are more than native born citizens, since at this time both their parents are US citizens, but they may not measure up to natural born citizens. Am I right?

You're correct. Your children are not natural born citizens, but they are native born ones.

14 posted on 08/04/2009 1:20:03 PM PDT by MamaTexan (If you think calling me a 'birther' will make me stop defending the Constitution....think again!)
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To: OldNavyVet

“What about the ‘Anchor’ babies; those born of a foreign national mother on American soil?”

What about them?


15 posted on 08/04/2009 1:24:18 PM PDT by Tublecane
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To: so_real

“after the 14th Amendment was ratified ... naturalized-by-birth”

No. The 14th amendment says all persons born OR naturalized in the U.S. are U.S. citizens. The “or” means born citizens and naturalized citizens aren’t one and the same. To be born a citizen is not to be “made natural,” but rather to be natural.


16 posted on 08/04/2009 1:26:27 PM PDT by Tublecane
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To: UCFRoadWarrior
“Obama’s eligibility to be President is probably the most important constitutional issue of our time....”

I fully agree with that statement, yet notice how mute the Congress and SCOTUS are about this matter. It appears that they KNOW that there is something rotten in this whole affair but are unwilling to take action.

If this silent group considers itself to be citizens of this country they would have demanded that the problem be resolved for the sake of the country's SECURITY and wellbeing. Obama could be vulnerable to blackmail from individuals if they have proof of his legal ineligibility for the presidency.

And the solution of this crisis is idiotically simple — let Obama produce a valid BC. What seems to be apparent is that the people of this nation should not expect help from its government in solving this national dilemma.

17 posted on 08/04/2009 1:27:11 PM PDT by 353FMG
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To: Former Fetus

“It seems to me that they are more than native born citizens, since at this time both their parents are US citizens, but they may not measure up to natural born citizens. Am I right?

No. The only way one can something more than a regular citizen is to be a natural born citizen, and, as implied by the title, whether you are natural born depends upon the conditions of your birth. It wouldn’t matter if your mother was naturalized sometime during your life. That would not affect how you were born.


18 posted on 08/04/2009 1:30:25 PM PDT by Tublecane
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To: Former Fetus

That should be: “The only way one be can something more...”


19 posted on 08/04/2009 1:31:48 PM PDT by Tublecane
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To: Hillary'sMoralVoid

“Native born is a canard that the afterbirthers use.”

Seems to me it is the birthers who love the term “native born,” because it gives them an alternative to saying people born on American soil without citizen parents are naturalized, which with good reason sounds strange to most ears.


20 posted on 08/04/2009 1:34:36 PM PDT by Tublecane
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To: Hillary'sMoralVoid

Your definitions are all wrong.


21 posted on 08/04/2009 1:36:02 PM PDT by mlo
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To: Hillary'sMoralVoid

“Native born citizen is not a legally defined citizenship as far as I can tell”

Nor is natural born citizen, technically. But that doesn’t stop Birthers, as much as anti-Birthers, to define it on their own.


22 posted on 08/04/2009 1:37:24 PM PDT by Tublecane
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To: Melas
"We only recognize 2 levels of citizenship in this country, not three. There are naturalized citizens and natural born citizens."

They aren't even different "levels". You are a citizen or you aren't. The difference is how citizenship is obtained.

If you obtained it by right of birth, because you were born in the US or were born to a citizen, then you were a "natural born" citizen.

If you obtained citizenship later in life through the immigration laws then you were "naturalized".

A naturalized citizen is not eligible to be President.

23 posted on 08/04/2009 1:39:58 PM PDT by mlo
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To: mlo

Please englighten me!


24 posted on 08/04/2009 1:42:56 PM PDT by Hillary'sMoralVoid
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To: Hillary'sMoralVoid; OldNavyVet
What about the “Anchor” babies; those born of a foreign national mother on American soil?

American citizens, not natural born.

By your own definition, HMV, Anchor Babies are not even citizens because neither parent is a citizen. But it is a fact that anchor babies are indeed citizens, so your definitions are flawed.

Not to mention that the Constitution only lists 2 classes of citizen, natural born and naturalized. So unless you can provide some other legal source for three classifications, I'll take the Constitution over your opinion any day.

25 posted on 08/04/2009 1:46:28 PM PDT by Tatze (I reject your reality and substitute my own!)
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To: Hillary'sMoralVoid
He’d still be a citizen if born in Hawaii, but not a natural born citizen . .

Again, what do you base that on?

If he was born on US sovereign territory, then what is his citizenship if not United States? Are you saying that he is a stateless person because one parent was a foreigner? I think you'd have trouble with the 14th Amendment on that one.

I will continue to maintain that there are only 'native-born / natural-born' or 'naturalized' citizens.

You can continue to make your own definitions that "prove" your point by drawing distinctions between people born in the United States and "natural born" citizens, but I don't see it. There are legitimate questions about whether he was truly born in Hawaii, but you seem to be granting that and still saying that he is not natural born, which doesn't make sense to me. It it makes you happy, then God bless, and have a nice day.
26 posted on 08/04/2009 1:48:37 PM PDT by Phlyer
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To: Hillary'sMoralVoid
"Please englighten me!"

"American citizen - this only means that at least one of the birth parents was an American and that the indivicual was naturalized, if not born in the US. These alo include immigrants who have been naturalized citizens. You can be considered an American citizen if you have dual citizenship with another country... "

It isn't if one parent was a citizen AND you were naturalized. It's one or the other, or you were born here. In any case, however it happened, you are a citizen or you aren't.

"Native Born Citizen - this means that an individual, in addition to having at least one parent who is an American citizen and you were born on US soil (including territories and American bases)."

Again, not both. If you were born here you are a citizen, regardless of whether your parents were. That's the law.

"Natural Born Citizen - this is an individual born of two American parents, whether the parents were native born or were foreign born and then naturalized..."

The citizenship of the parents does not matter. What matters is whether you are a citizen by birth. That can happen because one of your parents is a citizen, or because you are born here. If you were a citizen at birth then you are a "natural born citizen".

27 posted on 08/04/2009 1:49:32 PM PDT by mlo
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To: Phlyer

Law of nations says both parents must be citizens, period.

Law of nations is the guiding light for this subject.

It is what the framers used to draw up the consitution!


28 posted on 08/04/2009 1:54:17 PM PDT by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: 353FMG

“Obama’s eligibility to be President is probably the most important constitutional issue of our time....”
I fully agree with that statement, yet notice how mute the Congress and SCOTUS are about this matter. It appears that they KNOW that there is something rotten in this whole affair but are unwilling to take action.”

Phillip Berg’s original lawsuit filed on Aug 22, 2008 was clear in stating that if the SC and the country in general didn’t solve this problem before Nov elections, it could lead to a constitutional crisis.
Now the crisis gets worse every day.

I surely wish that Cheif Justice John Roberts had the stones to get into this more deply, as he promised in Idaho.


29 posted on 08/04/2009 1:56:21 PM PDT by ridesthemiles
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To: Phlyer

Hawaii was made a state in 1959. NObama was born in 1961. Hawaii was a state when NObama was born- but I certainly do NOT believe NObama was born on USA soil. I think he was born in Kenya.


30 posted on 08/04/2009 1:58:04 PM PDT by ridesthemiles
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To: Tublecane; Hillary'sMoralVoid
"Native born citizen is not a legally defined citizenship as far as I can tell"

Nor is natural born citizen, technically. But that doesn’t stop Birthers, as much as anti-Birthers, to define it on their own.

And that is big issue. The term "natural born citizen" has not been specifically defined by law, which allows a tiny glimmer of hope for the birthers. However, the wording of the 14th Amendments makes it clear, to me at least. Citizens are so either by birth or naturalization. There are only two classifications. If you are a citizen at birth, then you are a natural born citizen.

31 posted on 08/04/2009 2:01:16 PM PDT by Tatze (I reject your reality and substitute my own!)
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To: devistate one four

Here is an interesting piece from http://people.mags.net/tonchen/birthers.htm

” Despite the mainstream news media’s silence regarding this matter, an increasing number of Americans are concerned that Barack Obama might not be eligible, under the Constitution, to serve as President.

According to the U.S. Constitution, an individual born after 1787 cannot legally or legitimately serve as U.S. President unless he or she is a “natural born citizen” of the United States.

Among members of Congress and the mainstream news media, the consensus of opinion is that anyone born in the United States is a “natural born citizen”. However, when we researched this issue a bit more carefully, we found that the consensus opinion is not consistent with American history.

In Minor v. Happersett (1874), the Supreme Court said that, if you were born in the United States and both of your parents were U.S. citizens at the time of your birth, you are, without doubt, a natural born citizen. In the same case, the Supreme Court also said that, if you were born in the United States and one of your parents was not a U.S. citizen when you were born, your natural born citizenship is in doubt. So far, the Supreme Court has not resolved this doubt because, until now, there has never been any need to do so.

With only two exceptions, every American President, who was born after 1787, was born in the United States, to parents who were both U.S. citizens. The two exceptions were Chester Arthur and Barack Obama. When Chester Arthur ran for office, the public did not know about his eligibility problem. Only recently did historians learn that, when Arthur was born, his father was not a U.S. citizen. The 2008 election was the first time in history that the United States knowingly elected a President who was born after 1787 and whose parents were not both U.S. citizens.

Barack Obama publicly admits that his father was not a U.S. citizen. According to Minor v. Happersett, there is unresolved doubt as to whether the child of a non-citizen parent is a natural born citizen. This doubt is not based on the imaginings of some tin-foil-hat-wearing conspiracy theorists on the lunatic fringe of society. This doubt comes from what the Supreme Court has actually said, as well as a variety of other historical and legal sources which are presented and discussed here.

This Primer introduces and explains the Obama Eligibility Controversy, in question-and-answer format, for a non-technical general audience. We’ve double-checked the facts presented here, and we’ve cited the sources of each fact.”


32 posted on 08/04/2009 2:19:58 PM PDT by Hillary'sMoralVoid
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To: Hillary'sMoralVoid

Thank you!


33 posted on 08/04/2009 2:28:47 PM PDT by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: Hillary'sMoralVoid
"Technically no, you and husband were NOT both citizens at time of birth."

Ath the time of WHOSE birth?? I read that the husband was born in the U.S. SHE was not.

34 posted on 08/04/2009 2:31:46 PM PDT by jackibutterfly
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To: Tublecane

The “or” means born citizens and naturalized citizens aren’t one and the same.

Certainly. And in the historical context, prior to the 14th Amendment, they most definitely were not the same. Simply being "born" in the U.S. was no guarantee whatsoever at all that a child of a foreign national would even be considered a citizen. They most decidedly would not in any remote circumstance have been considered "natural born citizens". Naturalized citizens had the distinct advantage. Senator Jacob M. Howard said as much when he introduced the 14th Amendment to the Senate in 1866 with a speech saying :

"This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States."

According to Jacob's understanding of the text at the time it was conceived, agreed upon, and presented, it is quite possible to be a person born in the United States and yet still be a foreigner or alien and therefore, not a citizen at all. It is quite a stretch to believe the 14th proffered the "natural born" status to these non-citizens in the minds of its authors and contemporaries. Not to be offensive, but in the historical context that would have been ludicrous. I'm not sure it would even be Constitutionally possible as Congress was only granted the authority in Article I to define uniform laws of naturalization. I'm reasonably certain Congress was not extended the authority anywhere to redefine the understood notion of "natural born".


35 posted on 08/04/2009 2:37:34 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: devistate one four
"It is what the framers used to draw up the consitution!"

No, it is a book that they read. Like many other books. That doesn't make every word in all those books the law.

36 posted on 08/04/2009 2:42:22 PM PDT by mlo
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To: Melas

You forgot your favorite category - illegal aliens.


37 posted on 08/04/2009 2:42:51 PM PDT by antisocial (Texas SCV - Deo Vindice)
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To: Hillary'sMoralVoid
What I find so amazing about the “birther bashers” (or “afterbirthers” as I call them) is that they have so little appreciation for the complexity of Obama’s citizenship dilemma.
^^^^^^^^^^^^^^^^^^^^^^

Hillary,

We are dealing with Marxists here. Of course they understand the “complexity”! They are **lying**! They are deliberately and maliciously **lying**!

All Marxists lie!

Their goal is to confuse the American public. But...I suspect that American public is smarter than the Marxists believe. The American public is thinking, “ Why spend nearly a million dollars worth of attorney time? An honest president would be honored to provide and long form birth certificate and any other relevant documentation.”

38 posted on 08/04/2009 2:44:10 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Parley Baer

I feel the same way that you do.

Obama refuses to show any of his records...why? I guess some people will accept anything without question. That is NOT what our founders wanted... they are weaklings who are like sheep.


39 posted on 08/04/2009 2:51:40 PM PDT by LuKing
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To: Former Fetus
"Both my children were born in the US, one parent was a US citizen but the other became a citizen after they were born. Are they natural born citizens or not?"

Since your children were born in the US they are citizens by birth, "natural born citizens", yes.

"It seems to me that they are more than native born citizens, since at this time both their parents are US citizens, but they may not measure up to natural born citizens. Am I right? If so, what would you call this 4th class of citizens?"

There is no "more" than native born citizens. A "native born" and "natural born" citizen are the same thing. There is no 3rd class, let alone a 4th.

40 posted on 08/04/2009 3:09:10 PM PDT by mlo
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To: Hillary'sMoralVoid
"In Minor v. Happersett (1874), the Supreme Court said that, if you were born in the United States and both of your parents were U.S. citizens at the time of your birth, you are, without doubt, a natural born citizen. In the same case, the Supreme Court also said that, if you were born in the United States and one of your parents was not a U.S. citizen when you were born, your natural born citizenship is in doubt."

This is a mischaracterization. This decision did not establish that doubt existed. In one section it mentions, in passing, the some people thought this way, but it wasn't a question the court had to decide. It says nothing towards giving credence to those unspecified people who thought that way.

41 posted on 08/04/2009 3:17:47 PM PDT by mlo
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To: Hillary'sMoralVoid
Lynch v. Clarke, 3 N.Y.Leg.Obs. 236, 1 Sand. Ch. 583 (1844)

"Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen."

"The entire silence of the constitution in regard to it, furnishes a strong confirmation, not only that the existing law of the states was entirely uniform, but that there was no intention to abrogate or change it. The term citizen, was used in the constitution as a word, the meaning of which was already established and well understood. And the constitution itself contains a direct recognition of the subsisting common law principle, in the section which defines the qualification of the President. "No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of President," &c. The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution ? I think not. The position would be decisive in his favor that by the rule of the common law, in force when the ' the colonies and in the states, under the constitution was adopted, he is a citizen."


42 posted on 08/04/2009 3:20:44 PM PDT by mlo
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To: Hillary'sMoralVoid
United States v. Wong Kim Ark, 169 U.S. 649 (1898)

"It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born."

"III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established."

This ruling, which is a ruling from the United States Supreme Court, says that the common law in England was that every child born in England of ALIEN parents was a "natural-born subject".

It explains that since the Constitution did not redefine the term, and that the US did inherit english common law in large part, that US common law holds the same. Further, that the definition "continued to prevail under the Constitution as originally established."

It therefore defines "natural born citizen" as including anyone born in the country, even if they had alien parents.

43 posted on 08/04/2009 3:25:30 PM PDT by mlo
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To: devistate one four
Law of nations says both parents must be citizens, period.
Law of nations is the guiding light for this subject.


Nope. The US Constitution is the guiding light.

[14th Amendment}
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

It's one of the things that makes the United States unique among all the nations of history. We are the only one - that people actually want to come to - that allows anyone who is born here to be a citizen. There are 5th generation Turks living in Germany who are not German citizens.

It is what the framers used to draw up the consitution!

Maybe. But that got changed with the 14th Amendment. It was ratified to keep states from invoking 'grandfather' clauses where someone couldn't vote unless his grandfather had been able to vote. That was being used as a way to keep freed slaves from voting.

So unless you're trying to say that foreign law should be considered authoritative over the US Constitution, for Americans, then I think you've got the wrong argument. And I certainly would not agree to the supremacy of foreign law.

Even if you want to advocate a repeal of the 14th Amendment, it couldn't be retroactively applied to keep Obama from being a citizen. That's in the US Constitution, too. (Article 1, Section 9: No ex post facto laws)
44 posted on 08/04/2009 5:42:28 PM PDT by Phlyer
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To: ridesthemiles
I think he was born in Kenya.

Therein lies the rub. There is plenty of incentive for an unwed mother to want to get her child declared to be a US citizen. If there were any way for her to fake a birth certificate, using any of the known ways to obtain a Hawaiian birth certificate that don't require an attending physician to sign off as having actually witnessed the birth of a child, then motive and opportunity are present.

So I won't argue with your belief. The uncertainty is reasonable, and the reason I think he should be required to prove his citizenship.
45 posted on 08/04/2009 5:47:34 PM PDT by Phlyer
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To: Former Fetus
If your children were born in the United States, then they have their citizenship from the moment of birth and are natural born citizens.

The US citizenship is their birthright, notwithstanding any foreign citizenship they may have acquired from you under the laws of your former country.

46 posted on 08/04/2009 7:23:23 PM PDT by GreenLanternCorps ("Barack Obama" is Swahili for "Jimmy Carter".)
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To: ridesthemiles
I surely wish that Cheif Justice John Roberts had the stones to get into this more deply, as he promised in Idaho.

Has anything more been said about this?

47 posted on 08/04/2009 8:10:10 PM PDT by Lauren BaRecall (I am only ONE of many real Jim Thompsons, yet I am ONE.)
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To: mlo

The key word here is “jurisdiction”. For example, Kenya, was part of the British Commonwealth and under English law. Aliens were citizens of theat country who were not British citizens by birth, but were conferred citizenship by virtue of being under British jurisdiction.

We’re not talking illegal aliens here, we’re talking masses of people who were not born as British Citizens but came under British jurisdiction, and were therby conferred citizenship.

BHO senior is a good example, and he conferred British Citizenship to BHO Jr. But BHO Jr. would not be a natural born citizen of Kenya, just as he isn’t of the United States, because BHO Sr’s citizenship was not under the jurisdiction of the United States. Had BHO naturalized, we wouldn’t be having this discussion.

I’ve read many opinions on this, and there are certain excerpts that can certainly cause confusion, but when you read the opinion in totality, we revert to English common law when it comes to the deginition of “Natural Born Citizen”, and it is clear-cut.


48 posted on 08/05/2009 6:41:56 AM PDT by Hillary'sMoralVoid
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To: Hillary'sMoralVoid
"The key word here is “jurisdiction”..."

Read this sentence from Wong:

"...every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born."

The jurisdiction exception is laid out right there. If you are the child of an ambassador or of an invading soldier, then you aren't under the jurisdiction. Everyone else in the territory is.

It does not mean having some loyalty or attachment to another country. Even people loyal to another country are under the jurisdiction of the laws of the country they are in. Only diplomats and invading soldiers are not.

49 posted on 08/05/2009 9:00:15 AM PDT by mlo
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To: Hillary'sMoralVoid
"...we revert to English common law when it comes to the deginition of “Natural Born Citizen”, and it is clear-cut."

Yes it is clear-cut, but it isn't what you are saying it is. Go back and read post #43 again, a decision from the US Supreme Court explaining exactly what the common law was.

50 posted on 08/05/2009 9:09:52 AM PDT by mlo
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