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To: DoctorBulldog

Thanks, Doc. That fact could change things considerably.


448 posted on 03/09/2013 1:42:02 PM PST by old republic
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To: old republic
Also, those who think being born abroad to a U.S. parent automatically confers Natural Born status are sadly mistaken.

They obviously don't know anything about the 1971 ruling by the SCOTUS in Rogers vs. Bellei:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=401&invol=815

"Mr. Justice Gray has observed that the first sentence of the Fourteenth Amendment was "declaratory of existing [401 U.S. 815, 830] rights, and affirmative of existing law," so far as the qualifications of being born in the United States, being naturalized in the United States, and being subject to its jurisdiction are concerned. United States v. Wong Kim Ark, 169 U.S., at 688 . Then follows a most significant sentence:

"But it [the first sentence of the Fourteenth Amendment] has not touched the acquisition of citizenship by being born abroad of American parents; and has left that subject to be regulated, as it had always been, by Congress, in the exercise of the power conferred by the Constitution to establish an uniform rule of naturalization."

Thus, at long last, there emerged an express constitutional definition of citizenship. But it was one restricted to the combination of three factors, each and all significant: birth in the United States, naturalization in the United States, and subjection to the jurisdiction of the United States. The definition obviously did not apply to any acquisition of citizenship by being born abroad of an American parent. That type, and any other not covered by the Fourteenth Amendment, was necessarily left to proper congressional action.

4. The Court has recognized the existence of this power. It has observed, "No alien has the slightest right to naturalization unless all statutory requirements are complied with . . . ." United States v. Ginsberg, 243 U.S. 472, 475 (1917). See United States v. Ness, 245 U.S. 319 (1917); Maney v. United States, 278 U.S. 17 (1928). And the Court has specifically recognized the power of Congress not to grant a United States citizen the right to transmit citizenship by descent. As hereinabove noted, persons born abroad, even of United States citizen fathers who, however, acquired American citizenship after the effective date of the 1802 Act, were aliens. Congress [401 U.S. 815, 831] responded to that situation only by enacting the 1855 statute. Montana v. Kennedy, 366 U.S., at 311 . But more than 50 years had expired during which, because of the withholding of that benefit by Congress, citizenship by such descent was not bestowed. United States v. Wong Kim Ark, 169 U.S., at 673 -674. Then, too, the Court has recognized that until the 1934 Act the transmission of citizenship to one born abroad was restricted to the child of a qualifying American father, and withheld completely from the child of a United States citizen mother and an alien father. Montana v. Kennedy, supra.

Further, it is conceded here both that Congress may withhold citizenship from persons like plaintiff Bellei [a child born abroad] and may prescribe a period of residence in the United States as a condition precedent without constitutional question.

Thus we have the presence of congressional power in this area, its exercise, and the Court's specific recognition of that power and of its having been properly withheld or properly used in particular situations.

VI

This takes us, then, to the issue of the constitutionality of the exercise of that congressional power when it is used to impose the condition subsequent that confronted plaintiff Bellei. We conclude that its imposition is not unreasonable, arbitrary, or unlawful, and that it withstands the present constitutional challenge."


Ergo, if Congress has the Constitutional powers to place limits and qualifiers onto a Child Born Abroad's citizenship status, then it obviously doesn't follow a Natural law---of which, Congress cannot bestow and cannot take away through legislation.

Just my twenty bucks worth.

Cheers!
528 posted on 03/09/2013 3:23:24 PM PST by DoctorBulldog (Obama sucks. End of story.)
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