Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: MD Expat in PA
The judge officiating over the naturalization however told my dad this was a formality and in his opinion one that my dad should have be made to go through since outstanding service record and him having taken the military oath already proved his citizenship.

The entire point of the NBC requirement is to prevent a president with the kind of divided loyalties we see with Obama.

Aldo Santorum showed where his loyalties were by serving in the US military in WWII.

If the birthers think they are pursuing some kind of intellectual consistency by stomping their feet and demanding naturalization papers for a WW II vet, it's just going to blow up in their faces. And the Obama-ites will use it against them, saying they are so nutty that they don't think a WW II vet is a citizen, so why should they be listened to about Obama?

But, then again, the birther movement has gone down some serious rabbit holes following the likes of Orly Taitz and Joe Farah.

72 posted on 03/18/2012 12:52:40 PM PDT by dirtboy
[ Post Reply | Private Reply | To 69 | View Replies ]


To: dirtboy
I'm no big fan of Santorum but this is ridiculous.

http://www.usconstitution.net/consttop_citi.html

Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"

•Anyone born inside the United States
•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
•*Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
•*Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national*
•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.

* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

*On this the “birthers” may have a point about Obama if it can be proved beyond a shadow of a doubt that he was not born in Hawaii. So far all I see is conspiracy theories and speculation.

74 posted on 03/18/2012 1:14:41 PM PDT by MD Expat in PA
[ Post Reply | Private Reply | To 72 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson