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There is no provision in the Constitution and no controlling American case law to support a contention that the citizenship of one’s parents governs the eligibility of U.S. citizens born within the United States to be President.
EveryCSReport.com ^ | December 03, 2023 | Unknown

Posted on 12/03/2023 11:31:10 AM PST by 4Runner

Although the eligibility of U.S. born citizens has been settled law for more than a century, there have been legitimate legal issues raised concerning those born outside of the country to U.S. citizens. From historical material and case law, it appears that the common understanding of the term “natural born” in England and in the American colonies in the 1700s included both the strict common law meaning as born in the territory (jus soli), as well as the statutory laws adopted in England since at least 1350, which included children born abroad to British fathers (jus sanguinis, the law of descent). Legal scholars in the field of citizenship have asserted that this common understanding and legal meaning in England and in the American colonies was incorporated into the usage and intent of the term in the U.S. Constitution to include those who are citizens at birth.

(Excerpt) Read more at everycrsreport.com ...


TOPICS: History; Society
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To: Nifster
There is a SCOTUS case involving a girl born in the US that defines NBC

No it doesn't. The Supreme court has never touched a "natural born citizen" case. In the case of Minor V Happersett, they talk about "natural born citizen" only to note there are different opinions about what makes one, but they said it wasn't necessary to decide that point because the woman was clearly a citizen by either criteria used.

41 posted on 12/03/2023 2:20:59 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Nifster

“Go read the cases you fool

Quit trying to count angels on the head of a pin”

Go get you some IQ, you fool, and find out why Americans were taught natural born citizenship for 200 years.


42 posted on 12/03/2023 2:21:32 PM PST by odawg
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To: 4Runner

“I don’t recall where I found that information.”

That information was taught to the American public for two hundred years.


43 posted on 12/03/2023 2:22:34 PM PST by odawg
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To: batazoid
Secondly, as John Bingham, the author of the 14 Amendment once observed, “The Citizenship Clause of the 14 Amendment is a naturalization clause, both at birth and afterward.” Naturalized citizenship is citizenship bestowed by the state

Thank you. I get into arguments all the time with people who refuse to understand that 14th amendment citizenship is naturalization not "natural."

44 posted on 12/03/2023 2:24:30 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: batazoid
Simply put: “While all natural born citizens are Citizens of the United States at birth, statutory Citizens of the United States at birth are not natural Citizens of the United States at birth but naturalized U.S. Citizens at birth.

You cannot be a naturalized citizen at birth. Natural and native come from the Latin root for "birth." Citizens who did not need to be naturalized are natural born citizens.

45 posted on 12/03/2023 2:25:42 PM PST by x
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To: 4Runner

It was a pretty big issue when they faked Obama’s birth certificate.


46 posted on 12/03/2023 2:28:18 PM PST by meyer (Psalm 83)
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To: x
You cannot be a naturalized citizen at birth. Natural and native come from the Latin root for "birth." Citizens who did not need to be naturalized are natural born citizens.

14th amendment citizens are naturalized "at birth."

Your move. :)

47 posted on 12/03/2023 2:28:34 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp

“14th amendment citizen” isn’t a real thing.

I’ve already won.

What are the prizes?


48 posted on 12/03/2023 2:32:42 PM PST by x
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To: 4Runner
so C-section carbon units are not "natural born"?

I'ts wha the law says.

49 posted on 12/03/2023 2:33:25 PM PST by SERE_DOC ( The beauty of the Second Amendment is that it will not be needed until they try to take it. TJ)
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To: Reno89519

Correct.


50 posted on 12/03/2023 2:33:30 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: 4Runner
But I can't find the argument anywhere online because I think it's been censored.

You can't censor anything that doesn't exist.........

The Original Meaning of "Subject to the Jurisdiction" of the United States

Birthright Citizenship and the Constitution

51 posted on 12/03/2023 2:35:12 PM PST by Hot Tabasco (This Is The Way)
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To: x
“14th amendment citizen” isn’t a real thing.

I’ve already won.

What are the prizes?

Understanding, and no, you haven't won.

52 posted on 12/03/2023 2:38:17 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: 17th Miss Regt

“If a child is born in the US to two parents, both of whom are US citizens, then that child is said to be a natural born citizen (see Vattel).”

False. Vattel said that described an indigenous person, not a “Natural Born Citizen”. NBC was injected into Vattel in a translation published AFTER the US Constitution.


53 posted on 12/03/2023 2:40:54 PM PST by Mr Rogers (We're a nation of feelings, not thoughts.)
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To: DiogenesLamp

I don’t believe any children of slaves ran for president. Victoria Woodhull wanted Frederick Douglass to be her running mate, but she wasn’t a serious candidate, and couldn’t even vote herself. If I were around back then I wouldn’t want to be the one to tell Douglass that he wasn’t a first-class native born citizen.


54 posted on 12/03/2023 2:43:32 PM PST by x
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To: 17th Miss Regt
Note that there is no requirement that the parents both be natural born themselves, only that they be US citizens at the time of birth.

Neither of Bobby Jindal's parents were citizens when he was born in the United States. How was he allowed to do so under your interpretation?

55 posted on 12/03/2023 2:44:20 PM PST by Hot Tabasco (This Is The Way)
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To: DiogenesLamp

+1

I don’t understand why all of FR’s scholars seem not to notice what you have pointed out here.


56 posted on 12/03/2023 2:44:52 PM PST by jjotto ( Blessed are You LORD, who crushes enemies and subdues the wicked.)
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To: Reno89519

14th Amendment, in part: “ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The intent of this Amendment, as I was taught many years ago, was to guarantee citizenship or the freed slaves. In the years since it has been bastardized to include anchor babies.


57 posted on 12/03/2023 2:49:49 PM PST by elpadre
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To: Reno89519

14th Amendment, in part: “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The intent of this Amendment, as I was taught many years ago, was to guarantee citizenship or the freed slaves. In the years since it has been bastardized to include anchor babies.


58 posted on 12/03/2023 2:50:31 PM PST by elpadre
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To: x
I don’t believe any children of slaves ran for president.

By this and your previous reply, one would get the impression that you think the law stopped doing anything after 1868.

If I were around back then I wouldn’t want to be the one to tell Douglass that he wasn’t a first-class native born citizen.

I have been impressed with the intellect manifested in what I have read of Douglass' writings. I don't think he could have gotten around the natural born citizen requirement even if he could get around the racial animosity in that time period.

59 posted on 12/03/2023 2:54:48 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Hot Tabasco
Neither of Bobby Jindal's parents were citizens when he was born in the United States. How was he allowed to do so under your interpretation?

What we learned from Barack Obama's experience is that nobody in a position of authority wants to enforce this part of the constitution.

60 posted on 12/03/2023 2:56:06 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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