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To: El Gato

Sorry I wasn’t more thorough. Maybe this will be better.

There are only three types of citizenship and all have equal rights: native born citizenship; naturalized citizenship; and, citizenship-by-statute.

Note: “Natural Born Citizenship” IS NOT a type of citizenship. It is only a circumstance of birth required for eligibility to be President of the United States.

Native born citizenship (jus solis - by the soil) was created by the SCOTUS case United States v. Wong Kim Ark, 169 U.S. 649 (1898): Wong Kim Ark was the son of two resident Chinese aliens unable to attain citizenship due to a treaty between the USA and the Emperor of China. Wong Kim Ark claimed U.S. Citizenship because of his birth on U.S. soil. He was vindicated by the Supreme Court on the basis of the 14th Amendment.

On the basis of the 14th Amendment the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A. (jus solis) under the jurisdiction of the United States. The Court thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.) but it DID NOT extend the meaning of the term “Natural Born Citizen” to those whose parents were not citizens at the time of the child’s birth.

Naturalized citizenship is granted to immigrants who ‘naturalize’ as U.S.citizens. Gov. Arnold Schwarznegger is an example.

Citizenship-by-statute is granted to those born overseas to U.S. citizens (jus sanguinas - by the blood). There is a whole array of legal statutes covering this depending upon whether both or one parent is a U.S. citizen.

All three types of citizenship have the same rights.

Since there is NO RIGHT to be President, the eligibility requirement of Natural Born Citizenship, per the United States Constitution (jus solis + jus sanguinas: born in the U.S. to U.S. citizen parents), must be viewed as a means to prevent split allegience for any President of the United States.


232 posted on 05/03/2010 12:39:38 AM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: SatinDoll
Sorry I wasn’t more thorough. Maybe this will be better.

Much better! :)

You should probably divide naturalized citizens into naturalized in the US, per the 14th amendment, and "naturalized at birth via statute". Even those conventionally considered "naturalized", are still subject to the naturalization statutes, just in a different way and different parts of the US Code.

237 posted on 05/03/2010 7:03:52 AM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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