Illegal aiens havbe babies in the US and they are natural born Americans ——
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Not so.
They are “native born” American citizens, which is also referred to as citizens by statute. Not natural born, which is a special class (which most of us fit into, by the way).
They cannot ever become President, under our Constitution.
Please don’t ask me to quote or link to the source on this. It’s been posted at FR too many times to count.
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Windflier, what “statute”? The statute that tells you who is a citizen at birth, which is the same as natural born citizen, is this: http://www.law.cornell.edu/uscode/8/1401.html.
You have read it, right? So if you don’t accept this statute, what statute are YOU referring to?
Your opponents can back up what they say with http://www.law.cornell.edu/uscode/8/1401.html, so you need to back up what you say or concede that you cannot do so.
TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1401
§ 1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(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; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
I believe "natural born" has NOTHING to do with being made a citizen by statute, including any statute that makes a person a "citizen at birth" by being born on American soil. "Citizen at birth" is not the same thing as "natural born citizen."
The first part is correct, the second is your assumption.
They may be a National and a Citizen but they are not Natural Born Citizens, that includes Illegal Alien children.
The very first line says there is not even a way to confer citizenship to a child of an illegal alien “(a) a person born in the United States, and subject to the jurisdiction thereof;”
The parent is a citizen of another country and under that country's Jurisdiction. That makes the baby a citizen of the country their parents are citizens of.
In Barrack’s case, his father was a citizen of Kenya and that makes Barry's citizenship status a divided birth.
You can only be NBC if both parents are citizens of the US and subject to the jurisdiction of the US.
An example of jurisdiction would be the parents take a trip to Cuba. That is against federal law and prohibited to American Citizens, Natural or not.
If, however, the parents are from France, they are perfectly free to travel to Cuba with no fear of prosecution, as they are under the jurisdiction of France as citizens of said country. France has no prohibition against travel to Cuba but, if they did, the parents could only be charged under French laws for whatever crime they committed.
That is why people who commit crimes, in the USA, that will likely result in a prosecution under our laws, seek countries that have no extradition treaty or have strict guidelines for extradition.
The criminal of this country would not and could not be charged with a crime that was not committed in violation of the laws of another country.
§ 1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
Sorry, but you're simply making the argument that all people born in the circumstances contained in that statute are US CITIZENS.
There is a fundamental difference between a Natural Born US Citizen, and a US Citizen by statute.
Few of us here are arguing the Obama isn't even a US Citizen. What we are saying is that he IS NOT a Natural Born US Citizen, which the US Constitution requires for eligibility for President.