Posted on 05/31/2012 7:21:58 PM PDT by abigkahuna
Hello FR iends!
I need help with the Fed Statue Number in force at the time of Obama's birth dealing with conferred citizenship from his mother. The fact that she could not confer natural born citizenship due to the fact that she was not five years a citizen after her 14th birthday.
On a side note, why is this issue no longer valid? Having waded through countless threads over the past four years regarding this issue, I see that this particular statue seemed to have fallen by the wayside. Is there a reason?
Anyway, thanks FRiends for your help with the particular statue and number.
regards,
abigkahuna
That is a statue of limitations.
A single US citizen parent cannot obtain “natural born citizenship” for their child. To be a “natural born citizen”, you have to be born within the United States and have two US citizen parents.
Anytime! :)
Thanks for your insight there chatter4.
regards,
abigkahuna
I’m seriously taking a shower. This is huge.
Go to the Department of State website.
Just look for the instructions on a passport application.
Reminds me of the story about the newly arrived elderly immigrant from Italy. Told the carpenter he wanted a little shelf in the living room for his hallow statue.
The carpenter assumed he meant a statue of the Blessed Virgin Mary, so he was surprised when the old guy put his telephone on that shelf.
Just as he was groping in his mind how to ask the old man who spoke limited English why the telephone instead of the BVM, the telephone rang.
The old man grabbed the phone out of its cradle and yelled,”Hallow! Statue?!
And the jokes just go downhill from there!
I've seen this basic summary of the issue before.But which court(s),if nay,have ruled this way or confirmed this position.Not trying to be a wise a$$...I honesty don't know.
Waaaaah!
I agree. We seem to have lost that argument long ago.
Mark Levin says Marco Rubio is qualified and his parents were not citizens at the time of his birth. Lots of others agree just being born on US soil is all that is needed.
I think the possibility of going back to the definition you and I believe is not going to happen.
But what if the child is born via Ceasarian Section and not natural child birth, or one inwhich the mother was given a sedative or pain killers during labor and the birthing process? Do those invalidate citizenship because the child was not born “naturally?” ;-)
You may be right but so far not one member of congress is making or has made that argument and called for obama to resign ... Or even questioned any of this. Pathetic cowards. Obama is on his way out but my concern is on precedence. Between this and the glut in illegal immigration this means our borders mean very little to these politicans.
Sheesh! Would you stop stating the obvious please? We prefer diversions, abstractions and that dag-nab-it birth certificate! /s
Statue you requested is:
The McCarran-Walter Act, the Immigration and Nationality Act of 1952
Public law 82-414 Chapter 1 Section 301 (7)
(Page 236)
http://library.uwb.edu/guides/USimmigration/66%20stat%20163.pdf
note: sorry but the document is not scanable and you cannot copy the text.
“But what if the child is born via Ceasarian Section and not natural child birth, or one inwhich the mother was given a sedative or pain killers during labor and the birthing process? Do those invalidate citizenship because the child was not born “naturally?” ;-)”
I’m sure that you’re joking, but, I’ve actually had people seriously ask that same question.
FreeRepublic.com use to be a place where conservatives could post serious comments to serious articles.
Lately there have been too many derogative comments..... This is not funny!!
You are taking away the credibility of FreeRepublic.com
“A single US citizen parent cannot obtain “natural born citizenship” for their child. To be a “natural born citizen”, you have to be born within the United States and have two US citizen parents.
I’ve seen this basic summary of the issue before.But which court(s),if nay,have ruled this way or confirmed this position.Not trying to be a wise a$$...I honesty don’t know.”
The clearest statement I’ve found is a statement of fact, within the Supreme Cort case Minor v. Happersett, in 1875.
“At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”
The word “nomenclature”, means the “special terminology” used by tradesmen. So, this is explaining that the term “natural born” should be thought of like a legal term. Just as Ram means “random access memory” to a computer tech, while meaning an animal to a farmer, and something to bash a door in to a soldier, Natural born citizen meant a person born within our nation to two US citizen parents to the framers of our Constitution.
It makes perfect sense if you think about it. Think of all US citizens, regardless of race, as members of a tribe. Only a full blooded member of the tribe can be Chief. Why would we want someone with divided loyalty (a dual or naturalized citizen) or no loyalty (a foreigner) to be the Commander in Chief of our Military?
“I agree. We seem to have lost that argument long ago.
Mark Levin says Marco Rubio is qualified and his parents were not citizens at the time of his birth. Lots of others agree just being born on US soil is all that is needed.
I think the possibility of going back to the definition you and I believe is not going to happen.”
We haven’t lost the arguement, it’s just that too many have been fed the wrong information. Many think that Rubio’s parents automatically became US citizens when they left Cuba. US law gives them “permanent residency” , but, not citizenship.
Sadly, even the 14th Amendment has been misused to give every citizenship at birth and the clause, “and subject to the jurisdiction thereof” has been totally ignored to do that. In the US Supreme Court case Elk v. Wilkins, 112 U.S. 94 (1884)the Court, speaking about the phrase “subject to the jurisdiction” said, “The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.” In the Slaughterhouse Cases, 83 U.S. 36 (1873), the Court stated, “The phrase, “subject to its jurisdiction” was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.” Sen. John Bingham, the man recognized as being the father of the 14th Amendment, had this to say on the subject of the jurisdiction clause: ”Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”
So, the 14th Amendent was never intended to give US citizenship to everyone born here.
They would all be WRONG!!!
Look, if all you needed was to be born on U.S. soil, then there would be no need for the specific term “NATURAL BORN” citizen. Were they just trying to fill up space in the constitution? There is no doubt, in the “original intent”, of the framers. The John Jay letter, the changing of the language to incorporate NBC into Article II. And for the “case law” people, there is; Minor v. Happersett , 88 U.S. 162 (1875). “
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”
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