Posted on 01/06/2016 3:58:46 PM PST by sunrise_sunset
Tuan Anh Nguyen vs IRS (No 99-2071)
Transcript at the Oral Argument pop-up
Justice Scalia: I mean, isn't it clear that the natural born requirement in the Constitution was intended explicitly to exclude some Englishmen who had come here and spent some time here and then went back and raised their families in England ?
They did not want that.
Davis: Yes, by the same token...
Scalia: That is jus soli, isn't it ?
Davis: By the same token, one could say that the provision would apply now to ensure that Congress can't apply suspect classifications to keep certain individuals from aspiring to those offices.
Scalia: Well, maybe.
I'm just referring the the meaning of natural born within the Constitution.
I don't think you're disagreeing.
It requires jus soli, doesn't it ?
To think this is settled law is obtuse.
There are other interview quotes attributed to Scalia in which he indicates "natural born" means born in the U.S.
Many countries will give a person citizenship if their grandparents were born in that country. They can't be president?
A country can claim as their citizens by jus sanguinis or jus soli or both. We get dual citizens because one country claims through parentage and the other by being born in country. These people in the United States could have obligations of loyalty to both countries making for conflicting interests. The Supreme Court before Scalia came on the scene have decided so and as it is logical.
Someone whose parent was born in Scotland can be recognized as a British citizen by descent.
Many countries will give a person citizenship if their grandparents were born in that country. They can’t be president?
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Of course they can if they were born to an American parent.
Trump’s mother was Scottish and was naturalized several years before Donald’s birth. Did Great Britain ever remove her British citizenship? Probably not so she had dual nationality once naturalized — American and British. Does that effect Donald’s eligibility for the presidency? Hell no it doesn’t, not in the least.
Italy has a two generation citizenship.
A country can claim as their citizens by jus sanguinis or jus soli or both. We get dual citizens because one country claims through parentage and the other by being born in country. These people in the United States could have obligations of loyalty to both countries making for conflicting interests. The Supreme Court before Scalia came on the scene have decided so and as it is logical.
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Red, a little advice...you need to rethink that because you are describing Donald Trump’s exact situation.
Trump IS eligible for the presidency...with NO DOUBT.
I think birthers are morons and need to get over it.
Don’t all and any Jewish person have a birth right to Israeli citizenship?
There is a difference between a birthright claim and “giving someone citizenship”.
When Trump’s mother married his father she took her husband’s US citizenship. Was like that back in the day. And furthermore, when a female US citizens became the wives of foreigners they lost their US citizenships upon marriage.
Apparently Scalia is a moron too.
Jus Soli
1. (Law) the principle that a person’s nationality at birth is determined by the territory within which he was born.
The Supreme Court has decided nothing about this.
Even Scalia isn’t sure.
It’s funny to see conservatives throw Scalia overboard in favor of Cruz.
Go to the link and find the transcript.
Scalia was making a comment in oral arguments. That is NOT anything like a decision.
For a discussion of the law, see here:
It covers all sides and gives extensive citations.
I didn’t say Scalia decided about this.
What I’m describing is a supreme court opinion that is detrimental to Cruz and would likely be brought up in court if it gets that far.
A child born to US citizens in a foreign country or US territory is a natural born citizen. Jus soli is as though the child was born on US soil.
That’s a matter of settled law. A child is NOT a natural born US citizen if he was born to foreign parents abroad. He would be a US natural born citizen if born here regardless of the parent’s citizenship status.
There are some exception like diplomats, whose children born here receive the citizenship of their country, not the US.
Some countries may extend citizenship to any one born on their soil along with whatever citizenship was claimed by their parents at the time of their birth.
Born and raised in the US...served honorably in the Armed Forces...worked hard...paid my taxes....never got a nickel in welfare.But my mother was born in Ireland which,under Irish law,means that I was an Irish citizen when born.
Obama is and he never renounced his Brit and Indonesian citizenships, so the law has been broken . But He’s a DEM; double standard and all that.
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