Posted on 03/06/2016 6:48:24 AM PST by patlin
The simple fact is, in law, there are many areas of jurisdiction & the 14th Amendment jurisdiction includes political jurisdiction which can come by no other way except being born to a citizen father or by way of naturalization. Rubio & Cruz are naturalized citizens.
Well, then. We certainly would not want you to be expected to respect someone elected as a CONSERVATIVE POTUS. We can resolve this by electing a half vast communist, etc., etc., etc. like Her Imperial Thighness and we can all disrespect her together from the new American gulag.
This is not limited, however, to just the restoration of the rule of law, it also speaks to the character of those who seek to usurp the rule of law for the sake of power & greed. How can one say they stand for the rule of law all the while ignoring the law, men who claim to be scholars in the law?
The Constitution is not modified by an act of Congress, that is the hurdle that so many can’t seem to grasp, and that’s sort of scary on a site such as this one. The term natural-born citizen clearly meant an individual under the sole jurisdiction of the United States. All the debate about parent or parents is due to jurisdiction, all the debate about born in or out of the country is due to jurisdiction. It seems to me that individuals born outside of the country can be natural-born citizens, if the country in which they were born does not make a citizenship claim on the basis of their being born there. It also seems to me that individuals born in this country to noncitizen parent or parents can be natural-born citizens if the country of their parent(s) does not make a citizenship claim on the basis of descent. This is the “doubt” that is referenced in Minor v. Happersett. Such doubt can be resolved in favor of a given candidate, or it can be resolved in a manner not in their favor.
You are going to have to define for me, what you say a conservative is, because for me, first and foremost, a conservative is a person who, at all costs, upholds the rule of law. If one does not stand for the rule of law, especially one who claims to be an expert in the law, that person in my eyes is not a conservative.
I grieve **more** to have Republicans do the same in 2016.
This section of the Constitution is now dead.
> In the Constitution, a “natural born Citizen” means a citizen from birth with no need to go through naturalization proceedings.
There is no requirement that a “proceeding” take place, that oaths be taken, that there be conditions precedent or subsequent either or both - there is no such requirement that naturalization statutes incorporate any of these.
Naturalization statutes can and have incorporated various combinations of these at various times. It is the Congressional grant that is naturalization.
I see, it’s not the role of the courts to determine what the law is. That’s your job and you have so decreed. Tell it to the judge.
You make very good points, but let me be the first to say you know far more about Constitutional issues than I do. Nevertheless, I especially liked the following comment:
‘Just because the mother can now pass their citizenship to their children doesn’t negate the father’s involvement in the matter.’
All I could think of is the case of half-white people, like Obama, who pretend (for all practical purposes) that they’re all black. It’s particularly ironic in BO’s case, since his white half raised him and he has little to no claim of being culturally black. [Ben Carson, I believe, recently pointed this out. Wouldn’t want to be him during this year’s IRS audit.]
Exactly! And that is why the 14th Amendment says born or naturalized. The 1965 Act specifically states that children born to aliens in the US are themselves aliens at birth. This Act of Congress, this legislation that upheld the 14th Amendment, was the legislation in force when both Rubio & Cruz were born and that legislation says that both Rubio & Cruz are naturalized citizens.
We may not like the laws, however, as Justice Scalia impressed upon his readers, Scalia quoting Blackstone, said, “Law, without equity, though hard and disagreeable, is much more desirable for the public good, than equity without law: which would make every judge a legislator, and introduce most infinite confusion.”
For temporary gain.
These Freepers are eager to sell Article 2, Section 1, of the Constitution for a bowl of pottage.
Not so. No bearing on Cruz or Rubio because they were born in wedlock, but the laws that naturalize at birth, those born out of wedlock, do make that distinction, and the distinction has been upheld as constitutional.
And people wonder why out nation is going to hell in a hand basket, no one even knows the laws anymore, they only know what other people tell them it is, whether it be a teacher, professor, lawyer or political hack. sadly, in just two generations, the politically elite and their handlers, have so dumbed down the population at large, that common sense can scarcely be found.
The naturalization acts contain several sections. One applies when both parents are citizens and the child is born in wedlock; another applies when one citizen parent (either father or mother) is involved in a birth in wedlock; and yet another pertains when the child is born out of wedlock, to one citizen parent. The conditions for conferring citizenship are different in each section of law.
For Cruz, being born of one citizen parent, in wedlock, the law doesn't distinguish between the citizen parent being the mother or father, and the details of the non-citizen parent aren't relevant under that section of law.
Since Title 8 is not positive law, therefore, we must look to the statutes at large that Title 8 refers to, which specific statute at large contains that language prior to, or after, the adoption of the 14th Amendment?
OOPS, correction... Since Title 8 is not positive law, therefore, we must look to the statutes at large that Title 8 refers to, which specific statute at large contains that language, prior to or after the adoption of the 14th Amendment, that states, when a child is born in wedlock, it is the nationality of the mother that governs, because even the 1965 acts specifically says “his” not “hers” when referring to husband/wife & children?
Again, let's elect Her Imperial Thighness! Happy???? Why not? Born right here in Illinois "who could only be a US citizen and nothing else...Born here of citizen parents... Naturally a US citizen and nothing else (since the ussr is gone who else would have her????).... One cannot be anything else (rational? CONSERVATIVE????) and also be a natural born citizen." Of course, the Arkansas (that's right here in the USA!) Medusa owes her somewhat divided "allegiance" to the Clinton Family Crime Foundation, and to the corrupt bankers, Islamolunatics, Vladimir Putin and such by which it is funded. One Nation, under Marx or Muhammed as you may prefer, with liberty and justice for NONE other than her cronies. But born here, to American parents (probably, by God!) and what else could possibly count when choosing a POTUS?
Gotta keep our collective eye on those vitally important accidents of birth. You can NEVER be TOO CAREFUL.
Look, under your bed! It's a squirrel!
Have you guys come up with the "naturalization" papers of The Donald's Scottish "natural born" British citizen mommy yet? It would not ordinarily bother me but since you all are bringing this discredited subject up, America wants to know.
Does The Donald have a family ritual each night, gathering the family around the fireside to sing: "God Save the Queen!" Is there a Brit underground operating in the USA as we speak whereby the House of Saxe-Coburg-Otha is funding The Donald's real estate escapades to make him LOOK like a real American while seeking to extend ANOTHER four to eight years of Neo-Brit rule over the colonies?
AND, do not forget that The Donald's family name was changed from Drumf to Trump by his GERMAN ancestors. Saxe-Coburg-Otha clan started as minor nobility from some minor backwater German principality in the pre-Bismarck days of German anarchy. That's when the Brit-German conspiracy began to be hatched. The Donald's mommy was sent here as part of an extremely devious plan to use FOREIGN ALIENS to bring down the Upstart States of America and put them in their place under Britain's thumb. Oh, perfidious Albion!!!!
How about the little-known fact that Barack Hussein Obozo, SR. was not really an anticolonialist but actually an MI-5 or MI6 agent sent here to impregnate poor innocent Stanley Anne Dunham to bring about the birth of the Antichrist himself, who is a Brit citizen, natch!
The Arkansas's Medusa's maiden name was Rodham which sounds suspiciously British to me! Explains a lot, doesn't it? This is a job for Infowars!
Better learn these lyrics. Teach them to your kids. They will need them with the heritage you are leaving them!
God save our gracious queen!
Long Live our noble queen!
God save the queen!
Send her victorious,
Happy and glorious,
Long to rule over us,
God save the queen!
Thy choicest gifts in store
On her be pleased to pour,
Long may she reign.
May she defend our laws,
And ever give us cause,
To sing with heart and voice,
God save the Queen!
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