Scalia: Natural Born Requires Jus Soli ("of the soil")

Chicago_Kent College of Law ^ | 1/9/2001 | Supreme Court Transcript

[Goreknowshowtocheat]

I am over it. NBC is so clouded any Saudi can be President if they have the bucks. Yeah it is more important to confuse up the law than to deal with it.

[nopardons]

Oh how condescending of you; but then, YOU are just a baby.

No marriage after 1922 conferred citizenship upon a woman marrying an American citizen. So Trump's mother had to renounce her UK citizenship and become naturalized by taking and passing the test.Ergo....you are damned dead WRONG!

And yes, I just looked this up. :-)

[Godebert]

Note the reference to Natural Law in the first sentence of our Declaration of Independence.

It is crystal clear that the Founding Fathers used the Natural Law definition of 'natural born Citizen' when they wrote Article II. By invoking "The Laws of Nature and Nature's God" the 56 signers of the Declaration incorporated a legal standard of freedom into the forms of government that would follow.

President John Quincy Adams, writing in 1839, looked back at the founding period and recognized the true meaning of the Declaration's reliance on the "Laws of Nature and of Nature's God." He observed that the American people's "charter was the Declaration of Independence. Their rights, the natural rights of mankind. Their government, such as should be instituted by the people, under the solemn mutual pledges of perpetual union, founded on the self-evident truth's proclaimed in the Declaration."

The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew

The Laws of Nature and of Nature's God: The True Foundation of American Law

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

MINOR V. HAPPERSETT IS BINDING PRECEDENT AS TO THE CONSTITUTIONAL DEFINITION OF A NATURAL BORN CITIZEN.

The Harvard Law Review Article Taken Apart Piece by Piece and Utterly Destroyed

Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same

"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.

A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789

The Law of Nations or the Principles of Natural Law (1758)

The Laws of Nature and of Nature's God: The True Foundation of American Law

Publications of the Colonial Society of Massachusetts, Volume 20 - Use of The Law of Nations by the Constitutional Convention

[conservativejoy]

The same men who wrote the Constitution giving Congress sole authority to define citizenship, also wrote the Naturalization Act of 1790:

The Act also establishes the United States citizenship of certain children of citizens, born abroad, without the need for naturalization: "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens".

[Godebert]

The Supreme Court has decided nothing about this.

Incorrect.

MINOR V. HAPPERSETT IS BINDING PRECEDENT AS TO THE CONSTITUTIONAL DEFINITION OF A NATURAL BORN CITIZEN.

[randita]

Aren’t all Jews citizens of Israel?

[Uncle Sham]

"That's a matter of settled law."

Please quote your "settled" law.

[erlayman]

It hasn’t been clarified but her Canadian Citizenship papers or passport application should say. Canadian law as I understand it was changed in the ‘70’s to allow for dual citizenship but probably wouldn’t have when Cruz was born.
Even if his mother wasn’t a naturalized Canadian she may still have had to apply for American citizenship for kids born there. He needs to hold a press conference and get it all out at once.

[jjotto]

Aren't all Jews citizens of Israel?

No. Why would you think that?

[nickcarraway]

Don’t all and any Jewish person have a birth right to Israeli citizenship?

I don't think "any and all" is accurate. Their have been some groups/individuals that Israel has fought giving citizenship to. I believe they resisted giving citizenship to Somali Jews until genetic evidence was presented.

[jjotto]

I don’t believe ‘genetic evidence’ enters into it at all. Remember, Israel is a secular state with a regular immigration process for non-Jews.

[cynwoody]

But my mother was born in Ireland which,under Irish law,means that I was an Irish citizen when born.

It could be worse. Caliph Abu Bakr al-Baghdadi could decree that you are a natural born citizen of the Islamic State.

Of course, you'd still be eligible to be President.

[nickcarraway]

Obama is and he never renounced his Brit and Indonesian citizenships, so the law has been broken

Which law is that? If Obama had to renounce his "British citizenship," would Donald Trump have to renounce it as well?

I'm not sure I agree people have to formally renounce something they never asserted. If you were born in the U.S., but could get the citizenship of another country because of your parents or grandparents, but you never do, does that mean you were actually a citizen of that country? It seems foolish to me.

[morphing libertarian]

The supremes hemmed and hawed and rejected cases and now the issue is merging again. Until they grow some steel ones, we’ll keep having this discussion.

[Uncle Sham]

Would you be so kind as to quote how this passage reads AFTER the Naturalization Act of 1790 was repealed by the Naturalization Act of 1795?

[nickcarraway]

Remember, Israel is a secular state with a regular immigration process for non-Jews.

Which are different than the immigration process for Jews.

[Las Vegas Ron]

self ping for later

[Smedley]

I agree.

[Godebert]

The same men who wrote the Constitution giving Congress sole authority to define citizenship, also wrote the Naturalization Act of 1790:

The Act also establishes the United States citizenship of certain children of citizens, born abroad, without the need for naturalization: "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens".

Congress only has the power of naturalization. They can't legislate who is a natural born Citizen. That is defined by Natural Law.

Regardless, you failed to mention that The Naturalization Act of 1790 was repealed by the Naturalization Act of 1795 with the lead of then rep. James Madison and the approval of George Washington and specifically changed "shall be considered as natural born citizens" to "shall be considered as citizens of the United States."

Article II, Section 1, Clause 5 provides that a Citizen of the United States was eligible to be President only if born before the adoption of the Constitution and that thereafter only a natural born Citizen was so eligible. Hence, Congress referring to one as a citizen rather than a natural born citizen, given the presidential eligibility requirements of Article II, was a serious thing.

[sitetest]

Yes, I learned a few ye as rs ago, at age 52, that I am eligible for Italian citizenship. Even though, by ANY definition, the real one, or the bogus one implied by trump, I’m a natural born citizen.