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To: DiogenesLamp

Hence my point. Cruz is a naturalized citizen.

“They were “naturalized” en masse by passage of the 14th amendment.”

No, they weren’t. And that’s my point. Slaves were retroactively made native citizens of the united states, and not naturalized citizens.

“Why aren’t the words “natural born” right next to the word “citizens” in the 14th amendment? Was ink too expensive?”

Burden remains on you to show that your definition can be found in the 14th. It is not. Ergo- it is safe to assume that the definition of citizen here is those born in the united states, or born in territory that would become part of the united states, slave or free, was a citizen of the United States, from the time of their birth.


1,167 posted on 03/11/2013 4:56:21 PM PDT by JCBreckenridge (Texas is a state of mind - Steinbeck)
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To: JCBreckenridge
"No, they weren’t. And that’s my point. Slaves were retroactively made native citizens of the united states, and not naturalized citizens."

While I suspect, depending upon his time zone, that Mr. Lamp will correct you, and know him to be very well informed, I'll save him the trouble. The 14th Amendment avoids any inference relating to natural born citizens - by design. Its principal author, Congressman and Judge John Bingham, addressed the house, twice, to explain the amendment, the first amendment to address naturalization after Article 1 Section 8 authorized Congress to create an Uniform Rule of Naturalization. Here are Congressman Bingham’s words from Congressional Archives:

"I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…"

Wong Kim Arc, reasoned upon the 14th Amendment, has nothing to do with natural born citizenship. Wong Kim, born in San Francisco, was made a citizen, not a natural born citizen. Justice Gray cited and quoted Minor v. Happersett. His foray into English common law was not relevant to Wong Kim's citizenship status (he visited China and was refused reentry by our State Department) pointless, except the extent to which it provided talking points in case President Chester Arthur's birth as a British Subject was ever discovered.

The term “native born citizen of the US”, one which Obama claimed as his own status on fightthesmears.com, was adopted by the authors of the 14th amendment to refer to residents born on our soil. The 14th made some residents born on our soil, excepting American Indians, whose allegiance was to their tribes, into “native-born CITIZENS of the US”, having nothing to do with natural born citizens of the US. It was an unfortunate choice of words, but hard to avoid. American Indians are “native-born”, but weren't at the time, made “native-born citizens.”

Obama was well “lawyer-ed” on the subject, having Larry Tribe, his Harvard Advisor, and Constitutional Law specialist on his campaign committee. (Larry may have had no choice, having been caught plagiarizing much of a book he published, and bailed out by Elena Kagan, then Dean of Harvard Law). It was Larry who wrote the sneaky SR 511 misdirection paper, now in the Senate Archives, claiming that McCain’ birth on land about which sovereignty questions remain, should be overlooked, because the framers would have wanted that interpretation. The Canal Zone was finally incorporated in 1937, the year after McCain was born. Larry may have written the statement in “fightthesmears”, Obama’s campaign website. Obama didn't lie. He didn't claim natural born citizenship. He told us he was born British. Hidden in plain sight was the tactic that depended not upon a low-information citizenry, but upon the careful and precise use of legal terms with which very few were familiar.

1,227 posted on 03/11/2013 11:18:29 PM PDT by Spaulding
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