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To: Tublecane

From Minor v. Happersett

The SCOTUS DID NOT use the 14th amendment to DECIDE that Minor was a US Citizen.

[quote]
There is no doubt that women may be citizens. They are persons, and by the Fourteenth Amendment “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are expressly declared to be “citizens of the United States and of the state wherein they reside.” But in our opinion it did not need this amendment to give them that position.
[/quote]

To determine that Minor was a US Citizen, the court DEFINED the term ‘natural born Citizen’ from the Constitution, and determined Minor to be a NBC.

[quote]
The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.
[/quote]

There is NO way around the FACT - the SCOTUS has established PRECEDENT that ‘term of art’ - ‘natural Born Citizen’ - IS that as defined by Vattel.

Much of the confusion comes from the perceived ‘gap’ in methods of citizenship. You are naturalized, or you are NBC, and therefore if you meet the 14th Amendment requirements you are NBC.

If you read Vattel’s Law of Nations or the Principles of Natural Law, he goes on to describe naturalization at birth. The simple understanding of a ‘natural born citizen’ is a person who requires no man made laws to be a citizen. Even the Constitution and its 14th Amendment are man made laws, so they can not ‘make’ someone a NBC. What they can do, is make someone ‘naturalized at birth’ - but they are not ‘natural born’. That is where the disticntion lies.


104 posted on 10/27/2011 3:42:49 PM PDT by MMaschin
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To: MMaschin
Very good points.

Nature makes Natural born Citizenship. Two citizens having a baby in their home country is Natural citizenship for the baby.

A Kenyan Citizen having a baby in the USA is not a Natural birth of citizenship. It needs to be decided by law. When Obama was 21 he had to decide what his citizenship was. By law he had a legal choice. Kenyan or American. He chose to be American when he declined his birth right to Kenyan citizenship, even while calling Kenya his home country. In effect, He naturalized himself at age 21.

124 posted on 10/28/2011 5:27:57 AM PDT by PA-RIVER
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