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To: Walvoord
-- Is there not an understanding among countries that if their nationals give birth overseas, that the baby will be recognized as a national of the parent's country? --

I would think so. The issue is other countries claiming to have powers over them.

There is a cottage industry for Korean and Japanese families who want their children to have the right to US education. About the time of delivery, the mothers are brought to the US. The children are born in the US, then taken back to Japan or Korea to be raised. When they are of college age, they are eligible to move to the US -as natural born citizens- to obtain their education.

The US Congress is a travesty.

-- if a French couple takes a vacation to the U.S. and the mother is seven months pregnant, and she delivers prematurely on American soil, we recognize the child as French and the couple may return back to France with the child --

The child is recognized as an American too, having dual citizenship. And according to Congress, dual citizenship is no barrier at all to having "natural born citizenship" for the constitutional purpose of becoming president of the United States. No question whatsoever.

25 posted on 12/09/2009 2:17:27 AM PST by Cboldt
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To: Cboldt
And according to Congress, dual citizenship is no barrier at all to having "natural born citizenship" for the constitutional purpose of becoming president of the United States.

Not just Congress. The US executive and judicial branches have also never formally recognized dual citizenship.

IOW, any person can be both a US citizen and a citizen of some other country. We just don't recognize the other citizenship and it has no effect at all on his rights or duties as a citizen of this country.

AFAIK, this has been US policy since the Founding.

I'm sure you think this is a bad policy, but it is certainly not a recent one and has nothing to do, in origin anyway, with political correctness.

29 posted on 12/09/2009 6:01:53 AM PST by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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To: Cboldt
When they are of college age, they are eligible to move to the US -as natural born citizens- to obtain their education.

As US citizens, yes. Native born even. But not natural born. But the only time that "Native born" verses "Natural born" matters is for eligibility to the office of President.

Those children are in the same position as Wong Kim Ark, born of alien parents in the United States. Wong was ruled to be a US citizen under the 14th amendment. But the question of his Natural born status was not at issue, and any discussion in either descent or majority opinions is mere dicta, not bearing on the case, and not having any value as precedent.

This can be seem by reading the following two paragraphs from the decision of the Court, the first shown is the 3rd paragraph of that decision, while the second shown is the last paragraph of the decision.

The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who at the time of his birth are subjects of the emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the fourteenth amendment of the constitution: '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.'
...
The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties, were to present for determination the single question, stated at the beginning of this opinion, namely, whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.

56 posted on 12/09/2009 4:09:49 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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