Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Mr Rogers

OK, someone answer me this...

I live in the USA. I am married. I have two kids. Can my children grow up to be President?


48 posted on 04/29/2011 6:59:42 PM PDT by Brrrski
[ Post Reply | Private Reply | To 37 | View Replies ]


To: All
(pg 250) 6. Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen. It is surprising that there has been no judicial decision upon this question."
50 posted on 04/29/2011 7:03:17 PM PDT by TigersEye (Who crashed the markets on 9/15/08 and why?)
[ Post Reply | Private Reply | To 48 | View Replies ]

To: Brrrski

No, sorry, not unless you and they are “authentic conservatives.”


51 posted on 04/29/2011 7:04:21 PM PDT by sand lake bar
[ Post Reply | Private Reply | To 48 | View Replies ]

To: Brrrski

Were you and your wife both U.S. citizens when your children were born? Were your children born on U.S. soil?


52 posted on 04/29/2011 7:05:04 PM PDT by TigersEye (Who crashed the markets on 9/15/08 and why?)
[ Post Reply | Private Reply | To 48 | View Replies ]

To: Brrrski

What was your and your wife’s citizenship at the time your children were born, and were they born in the United States? If you both were citizens and they were born in the US, there is no doubt that they are natural born. Anything else, there is doubt.


53 posted on 04/29/2011 7:05:42 PM PDT by RegulatorCountry
[ Post Reply | Private Reply | To 48 | View Replies ]

To: Brrrski

“I live in the USA. I am married. I have two kids. Can my children grow up to be President?”

“In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . . We find no warrant for the opinion [p663] that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution.”

The Supreme Court of North Carolina, speaking by Mr; Justice Gaston, said:

Before our Revolution, all free persons born within the dominions of the King of Great Britain, whatever their color or complexion, were native-born British subjects; those born out of his allegiance were aliens. . . . Upon the Revolution, no other change took place in the law of North Carolina than was consequent upon the transition from a colony dependent on an European King to a free and sovereign [p664] State; . . . British subjects in North Carolina became North Carolina freemen; . . . and all free persons born within the State are born citizens of the State. . . . The term “citizen,” as understood in our law, is precisely analogous to the term “subject” in the common law, and the change of phrase has entirely resulted from the change of government.”

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html

Also, if you read the link to the Lynch case, the judge gives a detailed review of the law concerning natural born subjects and natural born citizens, and concludes:

6. Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen.

http://tesibria.typepad.com/whats_your_evidence/Lynch_v_Clarke_1844_ocr.pdf

The dissent in WKA complained:

“Considering the circumstances surrounding the framing of the Constitution, I submit that it is unreasonable to conclude that “natural-born citizen” applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the Presidency, while children of our citizens, born abroad, were not.”

Since NBC is the American form of NBS, and since a NBS could have two alien parents just passing thru, then it seems obvious the original intent of the Founders is yes, if you kids were born in the USA, they could grow up to become President.


55 posted on 04/29/2011 7:21:22 PM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
[ Post Reply | Private Reply | To 48 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson