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To: Political Junkie Too

Even if the people of the United States established the Constitution in order to obtain blessings for their own physical children, there is nothing in the Preamble that suggests whether the children of resident aliens under the jurisdiction of the United States are or are not natural-born citizens.

It simply isn’t there.


67 posted on 06/25/2011 10:49:27 PM PDT by Jeff Winston
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To: Jeff Winston; Political Junkie Too
Even if the people of the United States established the Constitution in order to obtain blessings for their own physical children, there is nothing in the Preamble that suggests whether the children of resident aliens under the jurisdiction of the United States are or are not natural-born citizens.

It simply isn’t there.


According to Minor v Happersett there never was any doubt that children of resident aliens were not natural-born citizens. There was doubt about whether they were citizens at all but the court didn't feel a need to resolve that because that matter wasn't pertinent to the case at hand, Minor obviously, by her birth to two citizen parents, being a natural-born citizen.
69 posted on 06/25/2011 10:59:02 PM PDT by aruanan
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To: Jeff Winston
...there is nothing in the Preamble that suggests whether the children of resident aliens under the jurisdiction of the United States are or are not natural-born citizens. It simply isn’t there.

Then the Founders didn't intend it to be there.

The use of the words "our Posterity" weren't meant to be their own ("physical") children, "Posterity" is too much a term of art for that. They meant it to be the opposite of "antiquity," as Thomas Paine would have put it in The Rights Of Man. They used words like this to recognize their obligations to the past People who strove for them, and the obligations they themselves owed to future generations.

The "resident aliens under the jurisdiction" were not the people making the Constitution. The "resident aliens under the jurisdiction" at the time of ratifying the Constitution would have immediately become "We the People." Future "resident aliens under the jurisdiction" would be addressed via the Rules of Naturalization that were granted to Congress to develop. So we know that the Founders considered that there would be "resident aliens under the jurisdiction."

-PJ

70 posted on 06/25/2011 11:02:06 PM PDT by Political Junkie Too (Everyone's Irish on St. Patrick's Day, Mexican on Cinco de Mayo, and American on Election Day.)
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