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To: MamaTexan
Age and Citizenship requirements - US Constitution, Article II, Section 1

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

And this:

Natural-born citizen Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: "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." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"

•Anyone born inside the United States
•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.


* There is an exception in the law - the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
http://www.usconstitution.net/consttop_citi.html

63 posted on 06/10/2009 7:29:41 PM PDT by GVnana
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To: GVnana
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)

This is the part where Obambi fails IF he wasn't born in the U.S., and why do we have to explain it over and over again to people with reading comprehension problem or simply uninformed?!

68 posted on 06/10/2009 7:33:57 PM PDT by Revolting cat! (Let us prey!)
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To: GVnana

From Donofrio’s website: http://naturalborncitizen.wordpress.com/2008/12/11/natural-born-citizen-defined-by-14th-amendment-framers-and-in-treatise-relied-on-by-scalia/
THE FRAMERS OF THE 14TH AMENDMENT

Despite popular belief, the 14th Amendment does not convey the status of “natural born Citizen” in its text. It just conveys the status of “Citizen”. And it’s very clear that in the pre-amendment Constitution, the Framers made a distinction between a “Citizen” and a “natural born Citizen”. The requirement to be a Senator or Representative is “Citizen”, but the requirement to be President is “natural born Citizen”.

From the 14th Amendment:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”


74 posted on 06/10/2009 7:43:29 PM PDT by classical artist
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To: GVnana
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

Are you suggesting the child of an illegal immigrant, born in the United States, is eligible to be president?

After all, that child would be classified a native-born citizen.

You are confusing the status of citizen with the status of natural born citizen.
176 posted on 06/11/2009 3:24:32 AM PDT by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: GVnana; cynwoody; pissant; allmendream
Secretary of State Bayard ruled under Section 1992 of U.S. Revised Statutes in 1885 that although Richard Greisser was born in the United States, his father at the time of his birth was a subject of Germany, and thus, Richard Greisser could not be a citizen of the United States. Furthermore, it was held his father was not subject to the jurisdiction of the United States under the Fourteenth Amendment.
A Digest of the International Law of the United States ;

Here's a detailed paper on the subject Defining Natural-Born Citizen

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And No, neither amending the Constitution nor any of the legal Codes gives Congress the authority to determine who will be a natural-born citizen. The federal government can only make naturalized citizens.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Article 1, Section 8, Clause 4

Naturalized citizens' children are natural born citizens.

Both natural born and naturalized citizens are 'citizens of the United States', but both kinds of citizen are NOT eligible for the Presidency.

228 posted on 06/11/2009 3:23:49 PM PDT by MamaTexan (I am NOT an administrative, corporate, collective, legal, political or public entity or ~person~)
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