Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: MamaTexan

WKA was about citizenship. The winning side used the NBC clause to show that WKA met the criteria, and thus was a citizen, since a NBC must also be a citizen. That was half the decision.

You can ignore that half if you wish, but no court will.

“Obama, on the other hand, had a mother that was to young to confer citizenship...”

That is so grossly far from the truth that it is embarrassing. There is no age requirement for mothers giving birth in the USA for citizenship. What we had was an American citizen, giving birth in Hawaii, with a father who was here legally for some years, and who abandoned the mother and baby about the time the baby was born - and you claim the baby received UK citizenship thru the father...not even close.

“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...

...Mr. Justice Thompson, speaking for the majority of the court, said:

It is universally admitted, both in the English courts and in those of our own country, that all persons born within the Colonies of North America, whilst subject to the Crown of Great Britain, are natural-born British subjects...

...Nothing is better settled at the common law than the doctrine that the children, even of aliens, born in a country while the parents are resident there under the protection of the government and owing a temporary allegiance thereto, are subjects by birth...

...That all children born within the dominion of the United States of foreign parents holding no diplomatic office became citizens at the time of their birth does not appear to have been contested or doubted until more than fifty years after the adoption of the Constitution...”

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html

You should also know that native citizen and natural born citizen were often used interchangeably:

“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.”

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence,…A very respectable political writer makes the following pertinent remarks upon this subject. “Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.”

St. George Tucker, BLACKSTONE’S COMMENTARIES (1803)


50 posted on 04/25/2011 8:04:20 AM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
[ Post Reply | Private Reply | To 21 | View Replies ]


To: Mr Rogers; MamaTexan
Obama, on the other hand, had a mother that was to(sic) young to confer citizenship...” That is so grossly far from the truth that it is embarrassing. There is no age requirement for mothers giving birth in the USA for citizenship.

What we had was an American citizen, giving birth in Hawaii, with a father who was here legally for some years, and who abandoned the mother and baby about the time the baby was born - and you claim the baby received UK citizenship thru the father...not even close.

It was not so much an "age" requirement as a "time of residency" demand.

The law in effect at the time and referred to stated the the mother had to reside for 5 CONSECUTIVE years AFTER the age of 14 years.

Stanley Ann had been traipsing about the globe, and hadn't been resident in the US for any length of time, let alone 5 consecutive years, when Barry showed up.

That doesn't even approach the question regarding the patrilineal nature of citizenship (daddy was a Kenyan on a student visa, therefore NEVER a US citizen of any sort, and therefore unable to confer US citizenship). That by and of itself disqualifies the usurper. He may or may not be a citizen by virtue of his birthplace, but the point is that he CANNOT be considered natural-born because his daddy was a foreign national!

81 posted on 04/25/2011 11:00:31 AM PDT by Don W (You can forget what you do for a living when your knees are in the breeze.)
[ Post Reply | Private Reply | To 50 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson