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To: Yashcheritsiy
“prior to the Civil War firmly landed on the jus soli side of things - you were a NBC if you were born on US soil, either a state or a territory.”

Prior to the Civil War? Does this mean that all people, whatever their race were citizens, because of their birthplace? I believe the 14th Amendment was passed specifically to give citizenship to freed African Americans, who were born on US soil.

The framers of the 14th Amendment specifically stated during debate, and during its passage by the states, that this amendment would not give citizenship to children born in the US of foreign citizens.

All children born of an American parent overseas were considered citizens from birth (Natural Born), if they met the requirements of citizenship under US Law in effect at the time of their birth.

That being said, US Law was not met by Obama’s citizen mother at the time of his birth (she was not old enough under the law, and had not lived in the US the required number of years following her 15th birthday,to establish citizenship at birth), and hence he would have to go through a naturalization process to gain citizenship. Also remember that at the time of Obama’s birth the age of majority throughout the US was 21.

My understanding is that Ted Cruz's mother was old enough and met the requirements of US Law at the time of his birth. Hence citizenship was established at birth.

The problem is that despite the intent of the 14th Amendment's framers, and the legislative discussion at the time of its passage into law by the states, judges have interpreted the law to give citizenship to anyone born on US soil. So we have “anchor babies”.

With “anchor babies” who has decided that the parents, who are citizens of other countries, have the right to stay. NO ONE Has. That's the reason for the fight.

103 posted on 02/03/2016 11:16:30 AM PST by Yulee (Village of Albion)
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To: Yulee
Prior to the Civil War? Does this mean that all people, whatever their race were citizens, because of their birthplace? I believe the 14th Amendment was passed specifically to give citizenship to freed African Americans, who were born on US soil.

True - before the 14th and 15th amendments, recognition of rights of citizenship was pretty much restricted to whites.

But that doesn't change the underlying fact that the entirety of American common law usage on this issue was that an NBC was someone born here (jus soli), not someone whose parents had American citizenship.

136 posted on 02/03/2016 11:58:31 AM PST by Yashcheritsiy (You can't have a constitution without a country to go with it)
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