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To: driftdiver
-- Third, using the common law understanding of NBC a person born to a US citizen gains US citizenship by birthright. --

You will find common law cuts the other way, or at best, is mixed and muddled. This is from WKA, discussing the history of citizenship laws ...

IV. It was contended by one of the learned counsel for the United States that the rule of the Roman law, by which the citizenship of the child followed that of the parent, was the true rule of international law, as now recognized in most civilized countries, and had superseded the rule of the common law, depending on birth within the realm, originally founded on feudal considerations.

But at the time of the adoption of the Constitution of the United States in 1789, and long before, it would seem to have been the rule in Europe generally, as it certainly was in France, that, as said by Pothier, "citizens, true and native-born citizens, are those who are born within the extent of the dominion of France," and

mere birth within the realm gives the rights of a native-born citizen, independently of the origin of the father or mother, and of their domicil;

and children born in a foreign country, of a French father who had not established his domicil there nor given up the intention of returning, were also deemed Frenchmen, as Laurent says, by "a favor, a sort of fiction," ...

Case law in the US is crystal clear. Born abroad, even of two citizen parents, becomes a US citizen solely by operation of Act of Congress, and SCOTUS views this a naturalization.
91 posted on 03/09/2016 8:36:26 AM PST by Cboldt
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To: Cboldt

Um no, not even a good try.


100 posted on 03/09/2016 8:58:54 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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