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To: precisionshootist

How many times do we have to go through this?? For crying out loud, READ.

The Citizenship Clause of the Fourteenth Amendment to the United States Constitution indicates that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The Supreme Court of the United States ruled in United States v. Wong Kim Ark, 169 U.S. 649 (1898), that the Fourteenth Amendment guarantees citizenship for nearly all individuals born in the country, regardless of their parents’ citizenship or immigration status”
The court found that the only persons Congress intended to exclude from birthright citizenship under the 14th Amendment were children born to diplomats. That finding has stood for more than 100 years.


93 posted on 06/23/2012 5:45:57 PM PDT by GingerC
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To: GingerC
When you look carefully at the Kim case you find just how narrowly applicable it was. Kim's parents were permanently domiciled in the United States and had no obligations to the Emperor of China.

Now that might not seem relevant to you, but the court said, in fact:

"A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution "

The entire KIm decision hinges on whether or not the PARENTS HAVE PERMANANT DOMICILE AND RESIDENCE ~ not just MERE PRESENCE!

Kim falls short of your declaration. In fact, the determination that all you need to do is get born here to be a citizen is based on an ADMINISTRATIVE decision ~ not at all by a court decision.

If that administrative judgment were reviewed against Kim, you'd have about 30 million Americans turned into non-citizens because their non-citizen parents weren't here lawfully and didn't have a lawful residence or domicile in the US.

116 posted on 06/23/2012 7:08:25 PM PDT by muawiyah
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To: GingerC
I have read and by my research many constitutional lawyers and scholars will disagree with you. Anchor babies are citizens by birth but they are NOT natural born citizens and they can never be president of the United States. Rubio is in effect and anchor baby.

Do you think the framers just threw those extra words in for nothing and they have no meaning?

I've heard the arguments that the Constitution does not define NBC. The obvious reason is it was assumed the definition was very clear and unambiguous. Many terms used in the constitution are not defined. Read Vattel, there has been no question as to the meaning of NBC until we had Obama.

Now we have a real problem because some people want to argue what the meaning of is is.

171 posted on 06/24/2012 7:52:41 PM PDT by precisionshootist
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