Is Bobby Jindal Eligible To Become President If He Was Born Before Parents Were Naturalized?

[Retired Intelligence Officer]

I need some help on this. I was reading where Bobby Jindal was born to immigrants here on visas. If he was born in Baton Rouge before they became naturalized citizens, wouldn't that make him ineligible to become President? I am in a heated argument at another website over this and I need answers to this controversy. Any help would be appreciated.

R.I.O.

[jamese777]

Or course. But the Hamilton wording emphasizes the point that the framers saw these terms as equivalent and synonymous - “born a Citizen of the United States” and “natural-born citizen” are the same thing, and they saw it that way.

The same wiki link has these other definitions:
The Oxford English Dictionary and Webster’s International Dictionary (3rd edition) define it as a person who becomes a citizen at birth (as opposed to becoming one later).

Blacks Law Dictionary (9th Edition) defines ‘Natural Born Citizen’ as “A person born within the jurisdiction of a national government.”

A memorandum to Congress dated April 3rd, 2009, written by the Congressional Research Service, states—

Considering the history of the constitutional qualifications provision, the common use and meaning of the phrase “natural-born subject” in England and in the Colonies in the l700s, the clause’s apparent intent, the subsequent action of the first Congress in enacting the naturalization act of 1790 (expressly defining the term “natural born citizen” to include a person born abroad to parents who are United States citizens), as well as subsequent Supreme Court dicta, it appears that the most logical inferences would indicate that the phrase “natural born Citizen” would mean a person who is entitled to U.S. citizenship “at birth”or” by birth.[1]

http://en.wikipedia.org/wiki/Natural_born_citizen_of_the_United_States

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As I said, there is no law which specifies two citizen parents are required to be a natural born citizen while current US law defines a “Citizen of the United States At Birth” as (1)a person born in the United States and subject to the jurisdiction thereof.”
http://www.law.cornell.edu/uscode/8/1401.html

The following Obama eligibility lawsuits have made it to the Supreme Court of the United States for the High Court to consider Petitions for Writs of Certiorari or for consideration of applications for stays of Obama’s election or his taking office: Berg v Obama, Beverly v The Federal Elections Commission, Craig et. al. v US, Donofrio v Wells, Herbert et. al. v Obama, Roberts, et. al., Lightfoot v Bowen, Schneller v Cortes, and Wrotnowski v Bysiewicz.

All eight appeals have been rejected for hearings before the full court. It takes four of the nine justices to agree to hear an appeal before the full Court which is known as the Supreme Court’s tradition of “the rule of four.”

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“A spurious claim questioning the President’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so lacking in factual support that it is frivolous would undoubtedly disserve the public interest.”—
US District Court Judge for the Middle District of Georgia, Clay D. Land, “Rhodes v MacDonald,” September 16, 2009

[Retired Intelligence Officer]

Explain how he is eligible? His parents were not citizens and that made Jindal not a Natural Born Citizen as the Constitution calls for to be president in Article 2 Section 1. Both of Jindal’s parents were on student visas, technically ‘non-immigrants’ according to 8 USC 1101. Jindal, like Obama, was born a foreign national. One press release from Jindal concluding the child of a foreign national is not a natural born citizen could set the Obama presidency back on its heels.

[Red Steel]

Again, the 1790 naturalization law refutes your claim, wherein some types of natural-born citizens ARE defined. ALL forms of citizenship have to be defined in law, as it is a legal term.

And what did it say? The 1790 Naturalization Act said that they "shall be considered"

What - only considered? The 1790 Naturalization Act was on very shaky ground about someone born overseas to be only "considered" to be an NBC.

It sure didn't last long because the 1795 Naturalization Act removed the Natural Born Citizenship clause which was never to be seen again. It was an error and you don't refute anything.

[VADoc1980]

Stop trying to cite foreign law in our courts.

[Diggity]

He is not eligible. Neither of his parents were citizens.

[Diggity]

Yes, he could even be in Congress but not VP or Prez

[Diggity]

That’s crazy. You don’t understand what a Natural Born citizen is.

[Red Steel]

I never can understand this weird distinction between citizens by nature and citizens by law.

Lets attempt to puts some new understanding between your eyeballs and ears although I'm sure it is futile attempt.

But here goes anyways...

There are laws by man that are called "Positive Laws" and there are "Natural Laws" that are set by God to men. The Natural Born Citizenship Clause in Article 2 of the US Constitution is a reference to a Natural Law that is set by God and not by man. The excerpt below is from "Lectures on jurisprudence, or, The philosophy of positive law By John Austin, Robert Campbell"

Austin was a well-known 19th century expert in jurisprudence that is about the philosophy or science of law.

[Plummz]

he citizenship of the naturalized is conditional, whereas soil babies possess citizenship through birthright.

Soil babies' citizenship is conditional on whatever the US Code is at the time. The US Code can only confer naturalized citizenship, per the Constitution. They are naturalized at birth, a condition entirely conditional on statutory, not natural, law.

This is why the monarchist Hamilton's draft suggestion about "born citizen(s)" was struck in favor of Jay's "natural born citizen"s, to make sure that natural inherited citizenship was a requirement for the office.

Hope this helps.

[Plummz]

No, he is not. He is an anchor baby. Thus, we can expect the RNC to rig the nomination for him to stand as an ineligible patsy against Barry, just as they did McCain.

[SaraJohnson]

If Jindal ran, the Left’s lawyers would prove in Congress and in a court that Obama is illegal.

[WOSG]

“There is simply no reasoning with these people on this issue.”

We have people who have reached a conclusion based on what their gut tells them the law should be, or using their own intuition, rather than considering what the law IS. And they are bound and determined to insist that the law is what they want it to be, not what it is.

As with the leftwing judicial activists, when you go down that path, you can reach any conclusion at all.

[WOSG]

Jindhal’s parents were legal immigrants who legally became US citizens. Any insinuation that they were not ‘legal’ is odious.

“If you believe both parents must be U.S. Citizens at the time of the child’s birth for the child to be a Natural Born Citizen” - As discussed at length in this thread, such a claim has zero basis in our constitution, US law, or court ruling. any person who is a US citizen at birth is a natural-born citizen, and Jindhal fits that.

[WOSG]

The 1790 Naturalization Act said that they "shall be considered" What - only considered? The 1790 Naturalization Act was on very shaky ground about someone born overseas to be only "considered" to be an NBC.

ROFL. Is this satire? are you seriously trying to argue that the declarative 'shall be considered' is somehow not declarative?

If a court issued a statement about a case you filed - "Red Steel shall be considered ignorant of all matters of law and his case is considered without standing" - it would be a pretty declarative way of saying they threw out your case.

[Red Steel]

If a court issued a statement about a case you filed - "Red Steel shall be considered ignorant of all matters of law and his case is considered without standing" - it would be a pretty declarative way of saying they threw out your case.

The 1790 Naturalization Act is defunct ignorant one. It doesn't exist as law as do the clauses that were written in it do not exist as law. It has been superseded by many Naturalization Acts.

ROFL. Is this satire?

Your silly postings all over this thread draws the laughs.

[bushpilot1]

Ah..you brought out the word spurious..which means not natural..not genuine..when one is spurious..he is born to a citizen and a foreigner.

Obama is spurious...he cannot be natural born.

[jamese777]

Ah..you brought out the word spurious..which means not natural..not genuine..when one is spurious..he is born to a citizen and a foreigner.

Obama is spurious...he cannot be natural born.

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It was US District Court Judge Clay D. Land who used the word “spurious” to describe the claims in a particular Obama eligibility lawsuit: “Captain Connie Rhodes v Colonel Thomas MacDonald.”
“Spurious” in the context that the judge used it means “fake” or “phony.”

Captain Rhodes, an Army physician, didn’t think that she should go to Iraq until Barack Obama proved he was eligible to send her there. Colonel MacDonald was her commanding officer who was charged with sending her there.
Captain Rhodes ended up going to Iraq.

Judge Land imposed a $20,000 sanction on Captain Rhodes’ attorney, Orly Taitz for filing a frivolous lawsuit. Ms. Taitz appealed to Supreme Court Justice Clarence Thomas to stay her payment of the sanction. Justice Thomas refused to halt the sanction. Ms. Taitz then appealed to Supreme Court Justice Samuel Alito to stay her sanction. Justice Alito forwarded Ms. Taitz’s application for a stay to the full Court which rejected her stay and she ended up paying the $20,000 fine for wasting the District Court’s time with a frivolous lawsuit.

And now you know...............the rest of the story.

[jamese777]

Lets attempt to puts some new understanding between your eyeballs and ears although I’m sure it is futile attempt.

But here goes anyways...

There are laws by man that are called “Positive Laws” and there are “Natural Laws” that are set by God to men. The Natural Born Citizenship Clause in Article 2 of the US Constitution is a reference to a Natural Law that is set by God and not by man. The excerpt below is from “Lectures on jurisprudence, or, The philosophy of positive law By John Austin, Robert Campbell”

Austin was a well-known 19th century expert in jurisprudence that is about the philosophy or science of law.

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Down here on planet Earth, who is it that gets to interpret and rule on “God’s law as “natural law?”
Can a Jewish judge utlizing the Torah interpret Natural law? Can an agnostic judge who doesn’t accept “God” rule on Natural Law? Can a Muslim judge utlizing the Koran, interpret Natural law for a Christian?
Can a Unitarian-Universalist judge interpret Natural Law for a fundamentalist Christian?
Can a Buddhist judge interpret Natural law for a non-Buddhist?

[Retired Intelligence Officer]

How can he be a natural born citizen when his parents were both foreign nationals and they weren’t even naturalized yet?

[jamese777]

How can he be a natural born citizen when his parents were both foreign nationals and they weren’t even naturalized yet?

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Because, as the Indiana Court of Appeals already ruled and no other court has overruled: “Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents. Just as a person “born within the British dominions [was] a natural-born British subject” at the time of the framing of the U.S. Constitution, so too were those “born in the allegiance of the United States natural-born citizens.”—Indiana Court of Appeals, “Ankeny et. al. v The Governor of Indiana, Mitch Daniels,” Nov. 12, 2009

There is no court decision in the entire history of the American republic which has ruled that two American citizen parents are required in order for a candidate or elected official to be considered a “Natural Born Citizen” and therefore eligible to run for or assume the office of president or vice president.