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To: MissesBush

one or both of his parents were not born here so there for he is NOT natural born.


170 posted on 12/14/2010 8:58:13 AM PST by remaxagnt (`)
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To: remaxagnt

The constitution in no way makes the exclusion you claim in defining what constitutes a “natural born citizen.”

United States v. Wong Kim Ark, 169 U.S. 649 (1898): In this case, the majority of the Court held that a child born in U.S. territory to parents who were subjects of the emperor of China and who were not eligible for U.S. citizenship, but who had “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” was a U.S. Citizen.
The Court stated that:

The constitution nowhere defines the meaning of these words [citizen and natural born citizen], either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.’[11]

Since the Constitution does not specify what the requirements are to be a “citizen” or a “natural born citizen”, the majority adopted the common law of England:

The court ruled:

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, and 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.


173 posted on 12/14/2010 11:05:50 AM PST by MissesBush
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