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To: sushiman

My Dad is from the Philippines. My Mom was born and raised in Delaware. When I was born, he was one year from gaining his citizenship. Does that mean I’m not “naturally born” either?


49 posted on 09/27/2009 9:03:43 PM PDT by Pyro7480 ("If you know how not to pray, take Joseph as your master, and you will not go astray." - St. Teresa)
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To: Pyro7480
My Dad is from the Philippines. My Mom was born and raised in Delaware. When I was born, he was one year from gaining his citizenship. Does that mean I’m not “naturally born” either?

Only if you are a birfer.

You were a citizen at birth. For sure if you were born in the US. 99% sure if not (five years after the age of 14 ... yada yada).

Citizen at birth == natural born citizen.

Unless the birthers persuade the Supreme Court otherwise. There is a theory based on the writings of Emerich de Vattel, an 18th century Swiss legal scholar whose writings the Founding Fathers are known to have read, that both parents had to be citizens, and the birth had to be on US soil. But there is little chance of the Court buying it today. Or yesterday. E.g., there was the Naturalization Act of 1790, passed while a lot of the Founders were still in Congress, which provided that "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens". Which pretty much establishes they had a different idea of the meaning of "natural born citizen" than Vattel.

And then there's that "five years after the age of 14" technicality, which supposedly would disqualify Zero if he were shown to be born abroad. However, it only applies if Stanley Ann was legally married. But she wasn't, because BHO, Sr., was a bigamist. So, Zero's eligible even if born in Mombasa. Qualified because he was a little bastard! LOL!

Birtherism is a rabbit hole. It's a waste of time, and its tenets would be inconvenient in the future if a good candidate were to arise whose parents, say, had recently got off the plane from Punjab. It's only use is entertainment and to focus attention on Zero's hinky background.

56 posted on 09/27/2009 10:04:22 PM PDT by cynwoody
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To: Pyro7480
Does that mean I’m not “naturally born” either?

Yep, it does you do not fit the definition of "natural born citizen>. Sorry about that. My coworker's daughter, who works in the government office we support, although a different section, is in a similar situation. She was born in Landstuhl Regional Medical Center, in Germany, while her father was stationed in Germany as an MP. Both her parents are (were in the case of her father who is deceased) "natural born citizens". She is not, but she is a citizen, having been born to two US citizen parents. Her case comes under the statutes passed by Congress. Presuming you were born in the US, you are native born citizen, and are a citizen by virtue of the 14th amendment Even if you'd been born in the Philippines, or elsewhere outside the US, you'd be citizen under statute laws, unless you were born before 1982 (or '86 I'd have to look it up) and your mother had lived in the US for more than 10 years total, 5 of them after her 14th birthday. If after that date, the resident requirement was 5 total, 2 after 14th birthday.

The only difference between the types is eligibility to the office of President. And if one were naturalized there are"time a citizen" requirements for various federal elected offices. Persons born in the US, native or natural born, and those born overseas who were citizens at birth, meet those by default, since they are much less than the age requirements. (There are also residency requirements, but they apply to native born and naturalized alike.)

57 posted on 09/27/2009 10:16:29 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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