For 2/3 of American history women had what was called "derivative citizenship." I believe that women would have held this type of citizenship in the US from the time when the Constitution was adopted up until about the 1930s. As you may be aware, American law and pretty much the whole Western world determined one's citizenship primarily through the Father and thus all women were considered to be the citizenship of their father if they were single or of their husband if they were married.This was considered the Natural law and order of things. Consequently, spouses would always be the same citizenship and children would always natural born if their father was an American even if their mother had been born a British subject.However,under the old system, Children born outside of marriage would receive their mother's citizenship if the father was unknown.
Since you were unmarried at the time of your birth and the Father was not legally recognized, your son would have probably inherited your citizenship, and consequently, there is a high chance that under the law your son would have been considered a NBC under the old system. However, as you noted earlier the lack of a legal definition, will allow the courts to fudge the definition of the word NBC to mean whatever they want, whether it was our Founder's intent or not. Who knows what a court might rule on the subject today
By the way, it sounds like you've got some good people in your blood. I hope you don't let your son forget what his ancestor's did and what they stood for.
Thanks, OR!
My dad is a retired physicist (and from the first class of Freepers in the nineties) who currently is a historian and geneaologist who has written a number of books. He is always emailing me with new people that he has proven links to, and my mom’s family has also been here since the 1600’s, and it is through her that we are DC first generationers. She has a trunk from her great-grandmother that has a program and silverware that they snatched from Lincoln’s inaugural ball (they were invited guests, though we have become much less blue blooded in the intervening years!)
My kids are taken to so many battlegrounds and US heritage sights that I think he has a very good grasp on what made this country so special.
I agree that my son is a NBC, and I only posted because I am sick of people saying that NBC is cut and dry without two citizen parents. If it was widely known and accepted that NBC = two citizen parents in modern times, I can’t think that the Supreme Court would have sat on their hands when it came time to swear Barry in.
Very well thought out and reasoned response....I had forgotten about the "derivative citizenship" laws particularly as they applied to unmarried women who had children with unknown or undeclared fathers.
You are correct in that circumstance that Rutabega's son probably would be NBC since there is no father stated on the BC. My apologies Rutabega in seeming to come down so harsh in my zeal to protect the Constitution. But like you said old republic, with today's laws its now all convoluted.
On an interesting side note: My own daughter is living overseas her husband being employed by the State Department working out of one of our embassies. She had a baby last Fall born here in the states (she came home to have the baby). Did you know that the State Department advised her to do this???? They even PAID to put her up in a hotel for 3 months (your tax dollars at work). The reasoning? To insure that the baby would be a natural born American citizen without doubt - i.e, - jus soli and jus sanquis. She was told her baby would be a U.S. citizen if born overseas, but at some point may not be declared natural born, so they advised her to come home! True story.
Definitely needs to be resolved by SCOTUS. IMO they are committing treason by continuing to evade and duck this issue!