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To: rolling_stone
The citizenship of your parents has nothing to do with yours.

TE says: The citizenship of your parents has nothing to do with yours -- if and only if you are born in the United States.

So if you were born in a foreign country the citizenship of your parents has nothing to do with yours?

No. You need to read 1401. It tells you about that circumstance and what is required.

Drivel. By your thinking a foundling can be President according to statute.

You are misunderstanding what "according to statute" means here in this context. It does not mean that you cannot have a statute that defines who is a citizen at birth (a natural born citizen). It means that if a statute says all resident aliens are now declared U.S. citizens, those citizens are not natural born.

Still waiting for you to post the State department opinion...hint there is a difference between a citizen per statute and natural born citizen for Constitutional eligibility purposes...You are misunderstanding what "according to statute" means here in this context. It does not mean that you cannot have a statute that defines who is a citizen at birth (a natural born citizen). It means that if a statute says all resident aliens are now declared U.S. citizens, those citizens are not natural born.

There have been statutes enacted that take classes of people and make them U.S. citizens by that statute only. Those are the U.S. citizens that are not natural born citizens.

I post what I wish to post only, not what you attempt to manipulate me to post.

138 posted on 04/02/2010 9:31:23 PM PDT by Technical Editor
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To: Technical Editor
No. You need to read 1401. It tells you about that circumstance and what is required.

I am well versed in Citizenship and Immigration Law, and its previous versions. I don't need to read 1401. The applicable law was the McCarren-Walter Act of 1952. You need to understand the difference between a statute and the Constitution. Since you refuse to do any research I will point you to the State Depatment statement:

http://www.state.gov/documents/organization/86757.pdf

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.” U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs 7 FAM 1130 Page 9 of 103

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 .

140 posted on 04/02/2010 9:44:53 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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