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Rogers v. Bellei, 401 U.S. 815 (1971)[Cruz Birtherism]
Justia ^ | 4/5/1971 | U.S. Supreme Court

Posted on 01/11/2016 7:16:27 PM PST by TBBT

ection 301(a) of the Act, 8 U.S.C. § 1401(a), defines those persons who "shall be nationals and citizens of the United States at birth." Paragraph (7) of § 301(a) includes in that definition a person born abroad "of parents one of whom is an alien, and the other a citizen of the United States" who has met specified conditions of residence in this country. Section 301(b), however, provides that one who is a citizen at birth under § 301(a)(7) shall lose his citizenship unless, after age 14 and before age 28, he shall come to the United States and be physically present here continuously for at least five years.

(Excerpt) Read more at supreme.justia.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: birtherism; cruz; naturalborncitizen; supremecourt
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Bedtime reading...
1 posted on 01/11/2016 7:16:27 PM PST by TBBT
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To: TBBT

Well if you are going to read that case then you should listen to the oral argument in Nguyen because it is a big part of the discussion.


2 posted on 01/11/2016 7:21:04 PM PST by RummyChick
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To: TBBT

Nice bedtime reading but Not relevant to eligibility for the presidency. Does not deal with natural born citizenship, only with citizenship of certain persons born outside USA. They’re both round fruits but apples and oranges are still very different, IMHO.


3 posted on 01/11/2016 7:21:40 PM PST by faithhopecharity (Diff tween D's and R's is that the thatD's allow the poor to be corrupt, too. (O. Levant)
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To: TBBT

Cruz is ineligible.


4 posted on 01/11/2016 7:23:49 PM PST by Extremely Extreme Extremist
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To: RummyChick

I read extensively back during the Islamocommie Wars of Impeachment in Natural born Citizen debate and I believe it was a specific term created by the founders to create a firewall from foreign infiltration. I do not believe Cruz meets the requirement.


5 posted on 01/11/2016 7:24:25 PM PST by magna carta
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To: faithhopecharity

It has everything to do with Ted Cruz eligibility.


6 posted on 01/11/2016 7:24:49 PM PST by bushpilot2
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To: TBBT

has a court yet come to a decision?


7 posted on 01/11/2016 7:24:50 PM PST by Mariner (War Criminal #18 - Be The Leaderless Resistance)
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To: Extremely Extreme Extremist

He. Is. Not.

Period.


8 posted on 01/11/2016 7:25:14 PM PST by Crazieman (Article V or National Divorce. The only solutions now.)
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To: TBBT

9 posted on 01/11/2016 7:25:31 PM PST by kik5150 (Cruz argued 9 times before Supreme Court judges. Trump argues with beauty pageant judges.)
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To: Extremely Extreme Extremist

Interesting.


10 posted on 01/11/2016 7:25:48 PM PST by Ciexyz
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To: faithhopecharity
"shall be nationals and citizens of the United States at birth."
11 posted on 01/11/2016 7:26:17 PM PST by TBBT (uot)
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To: faithhopecharity
 photo image_zpsycwx9vum.jpeg Rogers v Bellei
12 posted on 01/11/2016 7:28:30 PM PST by bushpilot2
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To: kik5150
LOL, great pic!

Trumpbots is right.

13 posted on 01/11/2016 7:28:31 PM PST by PROCON
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To: Crazieman

Nor.was.Obama.period.


14 posted on 01/11/2016 7:30:11 PM PST by reed13k (w)
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To: faithhopecharity
 photo image_zps1hbkpg7f.jpeg
15 posted on 01/11/2016 7:30:33 PM PST by bushpilot2
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To: RummyChick
8 U.S. Code § 1401 - Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided , That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided , That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

16 posted on 01/11/2016 7:31:13 PM PST by TBBT (uot)
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To: Extremely Extreme Extremist

Another site had people saying the kids of the King of Jordan are eligible if Cruz is eligible....Winston Churchill would have been eligible...tons of people...


17 posted on 01/11/2016 7:31:50 PM PST by Aria (Abortion = murder, the taking of a human life.)
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To: TBBT

Your argument only applies to citizens at the time of the adoption of the Constitution per the Constitution itself. Completely irrelevant to this discussion.


18 posted on 01/11/2016 7:37:40 PM PST by Mechanicos (Nothing's so small it can't be blown out of proportion.)
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To: Aria
Winston Churchill would have been eligible...tons of people...

If he had been president instead of FDR we might have prevented the cold war. FDR gave the farm to Stalin over the objections of Churchill.

And if Maggie Thatcher were running against any democrat, I'd vote for her in a heartbeat.

Right now we have a supposedly "eligible" president who has no loyalty at all to this Country. He is an internationalist and has declared himself a "Citizen of the World."

19 posted on 01/11/2016 7:39:31 PM PST by P-Marlowe (Tagline pending.)
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To: Mechanicos

What I posted is current law. As in - 8 U.S. Code § 1401 - Nationals and citizens of United States at birth


20 posted on 01/11/2016 7:41:04 PM PST by TBBT (uot)
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