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To: 4Zoltan

Section 301 is naturalization law. It doesn’t make anyone a natural-born citizen. It falls under Title 8 which is called “Aliens and Nationality” ... and then Chapter 12, “Immigration and Nationality” ... and then subchapter III, “Nationality and Naturalization” ... and then “Nationality at Birth and Collective Naturalization.” Natural-born citizenship doesn’t require nationality acts. It’s why the Supreme Court said in Minor there were citizens without need of such provisions, although it was referring to the 14th amendment. The idea is that natural-born citizenship is defined outside of U.S. Code and outside of the Constitution.


155 posted on 01/05/2013 10:04:06 PM PST by edge919
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To: edge919; Mr. Know It All; RegulatorCountry
"Section 301 is naturalization law."

It is in fact an Immigration and Nationality Act. =========================================================== Sec. 301 (a) The following shall be nationals and citizens of the United States at birth: (1) a person born in the United States, and subject to the jurisdiction thereof; =========================================================== Sect. 301 (a) (1) merely repeats the 14th Amendment. Senators Rubio, Santorum and Governor Jindal fall within that section. All are NBCs.

Now I realize that you believe that there are three types of citizens (natural born, naturalized and 14th Amendment) but that has never been recognized by legal authorities either before or after the 14th was enacted.

In 1862 in the "Opinion of Attorney General Bates on citizenship", AG Bates writes, "We have natural born citizens, (Constitution, article 2, § 5,) not made by law or otherwise, but born. And this class is the large majority; in fact, the mass of our citizens; for all others are exceptions, specially provided for by law. As they became citizens in the natural way, by birth, so they remain citizens during their natural lives, unless, by their own voluntary act, they expatriate themselves and become citizens or subjects of another nation. ...The Constitution itself does not make the citizens, (it is, in fact,made by them.) It only intends and recognizes such of them as are natural, home-born and provides for the naturalization of such of them as were alien,foreign-born making the latter, as far as nature will allow, like the former."

This exact passage was then referenced in 1868 by George Washington Paschal in "THE CONSTITUTION OF THE UNITED STATES DEFINED AND CAREFULLY ANNOTATED." He cited it in his discussion of the Article 2 Section 5 of the Constitution.

This exact passage from AG Bates was then cited by Alexander Porter Morse in his 1888 "Treatise on Citizenship".

In Morse's treatise, he also says, "In the law of nations, ”citizen” is a term applicable to every member of the civil society, every individual who belongs to the nation."

"This character is acquired in various ways, according to the laws of each state. In many states birth is sufficient to confer it; so that the child of an alien is a citizen from the fact of having been born within the territorial limits and the jurisdiction.2"

Footnote 2 says: ”It is so in England and in the United States [but the births must be " within the jurisdiction"'].”

This is what SoS Kobach was saying in the Kansas ballet challenge only two types of citizens - natural born and naturalized.

163 posted on 01/06/2013 2:05:34 AM PST by 4Zoltan
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