...the kid was born in the US but because they were sojourners or other happenstance presence persons, the kid was subject to the jurisdiction of the sovereign of the place of the parents citizenship.
Isn't that the very case with Sr. who was only here on a student visa?
And since his father was an "alien" (the legal definition) doesn't the citizenship follow the father?
I don't even see a more Constitutionally committed Court kicking an
elected President or Vice President out over the birthplace of his parents...
Could you see a more, or even a less, Constitutionally committed Court kicking an
elected President or Vice President out over the citizenship of his parents?
Could you see a more, or even a less, Constitutionally committed Court kicking an elected President or Vice President out over the citizenship of his parents?
OK you have got me there--that is sloppy writing on my part.
I didn't mean birthplace where you have it underlined; I meant citizenship.
And the answer is still "no"--if the person elected was born in the United States. And of course "yes" if he was born outside the territory of the several states whatever the citizenship of his parents.
As to the guy in the White House, Barry, his issue is a place of birth problem only whoever his parents were. That is your opinion, correct?
Yes. But with a couple of narrow exceptions, you won't find knowledgeable opinion's to the contrary. The lawyers who have been involved on our side really aren't up to the level of sophistication required here.
The one exception to that is the last ten pages of the opinion for the Congressional Research Service.
He says the answer is the same even for a person born outside the US.
The Liberals would prefer that answer--they would like to strike the Natural Born clause from the Constitution. In my opinion, the Liberal bar and academics got so locked in on the disqualifying element of the place of birth issue with Romney Sr. and Goldwater that I think they would have trouble extricating themselves from that answer--if you get someone born outside the US, absent a strong Liberal reconstruction of the Court that can afford not to be concerned about the history of this language, my view is that the Court would come down on a person born outside the US as not eligible.
...the kid was born in the US but because they were sojourners or other happenstance presence persons, the kid was subject to the jurisdiction of the sovereign of the place of the parents citizenship.
Isn't that the very case with Sr. who was only here on a student visa?
Good argument but I think the Court would see even the student who was here only for one term as distinguishable. I think the no jurisdiction because of limited contact concept is like the airplane flying across the country that stops in Omaha for fuel where the kid is born. Doesn't take much in the way of contact to attach sovereignty.
Senior was here for at least five years. If his kid was in fact born here, he is natural born.
And since his father was an "alien" (the legal definition) doesn't the citizenship follow the father?
No. That is only the subject of citizenship law of the father's jurisdiction. He might be a citizen somewhere else also. That's how you get dual citizenship. But in the US, born here is a super citizenship right under the 14th Amendment.