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To: taxcontrol

8 U.S.C. § 1401 : US Code - Section 1401:
Nationals and citizens of United States at birth

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;


57 posted on 08/19/2013 8:48:05 AM PDT by Nero Germanicus
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To: Nero Germanicus
One can be a citizen by place of birth or by bloodline. Cruz is a citizen by bloodline.

That discussion on bloodline is here in State Department, Foreign Affairs Manual 7 FAM 1131. Specifically, it says about the presidency:

7 FAM 1131.6-2 Eligibility for Presidency (TL:CON-68; 04-01-1998)

a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.

b. Section 1, Article II, of the Constitution states, in relevant part that ―No Person except a natural born Citizen...shall be eligible for the Office of President.‖

c. The Constitution does not define "natural born". The ―Act to establish an Uniform Rule of Naturalization‖, enacted March 26, 1790, (1 Stat. 103,104) provided that, ―...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.‖

d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes.

In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes

As you can see, the pamphlet concludes that a statuatory natural born citizen is not necessarily a citizen for Constitutional purposes.

Note first that it does not say: "such a person is not a citizen for Constitutional purposes."

Note second that in arguing "not necessarily" that the pam recognizes that a counter-argument can forcefully be made that the person is a citizen for Constitutional purposes.

Also note that saying "does not necessarily imply" indicates that the record does "seem to imply". Otherwise, the formulation "does not necessarily imply" would not be used. The forumulation would be: "does seem to imply that the citizen is not a citizen for Constitutional purposes."

The bottom line is that bloodline citizenship has been called "natural born citizenship" by no less than the Founding Congress and signed by President George Washington.

So, in short, the analysis is that the record “does seem to imply” that a bloodline citizen is eligible for the presidency, although it “does not necessarily imply” that such is the case.

In sum, the weight of the debate is on the side of those who say that a bloodline citizen is eligible for the presidency.


64 posted on 08/19/2013 9:22:13 AM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
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To: Nero Germanicus
One can be a citizen by place of birth or by bloodline. Cruz is a citizen by bloodline.

That discussion on bloodline is here in State Department, Foreign Affairs Manual 7 FAM 1131. Specifically, it says about the presidency:

7 FAM 1131.6-2 Eligibility for Presidency (TL:CON-68; 04-01-1998)

a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.

b. Section 1, Article II, of the Constitution states, in relevant part that ―No Person except a natural born Citizen...shall be eligible for the Office of President.‖

c. The Constitution does not define "natural born". The ―Act to establish an Uniform Rule of Naturalization‖, enacted March 26, 1790, (1 Stat. 103,104) provided that, ―...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.‖

d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes.

In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes

As you can see, the pamphlet concludes that a statuatory natural born citizen is not necessarily a citizen for Constitutional purposes.

Note first that it does not say: "such a person is not a citizen for Constitutional purposes."

Note second that in arguing "not necessarily" that the pam recognizes that a counter-argument can forcefully be made that the person is a citizen for Constitutional purposes.

Also note that saying "does not necessarily imply" indicates that the record does "seem to imply". Otherwise, the formulation "does not necessarily imply" would not be used. The forumulation would be: "does seem to imply that the citizen is not a citizen for Constitutional purposes."

The bottom line is that bloodline citizenship has been called "natural born citizenship" by no less than the Founding Congress and signed by President George Washington.

So, in short, the analysis is that the record “does seem to imply” that a bloodline citizen is eligible for the presidency, although it “does not necessarily imply” that such is the case.

In sum, the weight of the debate is on the side of those who say that a bloodline citizen is eligible for the presidency.


65 posted on 08/19/2013 9:22:24 AM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
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