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To: Nero Germanicus
The Supreme Court’s holding in Rogers v Bellei is not too significant nowadays, since the provision under which Bellei lost his U.S. citizenship was repealed in 1978 (Public Law 95-432).

There you go with that "Congress routinely overrides the Constitution" argument again.

If congress can place conditions, this means the status is not rigid, but flexible according to the will of Congress. The fact that they removed the conditions doesn't alter the fact that they can put them on there in the first place.

They cannot do such a thing for a Natural Citizen, therefore that kind of citizenship cannot be "natural."

I know this is just going to go in one ear and out the other, but for what it's worth, i'm going to cite that Congressional Research Paper regarding George Romney.

Perhaps you will believe "Experts" who tell you the exact same thing that I tell you.

Whatever else can be said about the meaning of the term "natural born", it can fairly be concluded that it includes no one who is "naturalized". To conclude that Governor Romney was a "natural born citizen", the first thing the Court would have to do is hold that the Fourteenth Amendment does not exhaust the ways in which persons can become citizens. As we have seen, the first sentence of that Amendment provides that "All persons born or naturalized in the United States" are citizens. If that sentence describes the only ways persons can become citizens, then , to be a citizen, anyone born outside the United States would have to be naturalized. There is no other constitutional alternative. Under this theory, the statute making citizens of children born abroad to American Fathers would be a naturalization act and such children would not be eligible for the presidency.

The Supreme Court, in dictum, has lent support to this theory.

In Wong Kim Ark the Court said:

The Fourteenth Amendment of the Constitution, in the declaration that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United can only become a citizen by being naturalized, either by treaty, as in the case of annexation of foreign territory; or by authority of Congress exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals as in the ordinary provisions of the naturalization act.

And weren't you always the one that liked to cite "Wong Kim Ark"?

How do you like it now? :)

207 posted on 02/20/2015 12:41:13 PM PST by DiogenesLamp
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To: DiogenesLamp

My God, your ignorance of even the most basic processes of our government is embarrassing. Congress passes laws and the Supreme Court can then rule on their constitutionality, if challenged.

Wong Kim Ark remains the landmark decision of the Supreme Court on the applicability of the 14th Amendment to citizenship of the United States at Birth. That holding has been the primary cite for all subsequent determinations that Obama qualifies as a natural born citizen. No court ruling and no act of Congress has contravened the holding in Wong as applied to Obama.
A contemporary ruling, based on U.S. v Wong Kim Ark:
Voeltz v. Obama, Judge John C. Cooper, Leon County, Florida Circuit Court Judge: “In addition, to the extent that the complaint alleges that President Obama is not a “natural born citizen” even though born in the United States, the Court is in agreement with other courts that have considered this issue, namely, 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.”—September 6, 2012

Thank you for posting again the exact same passages from U.S. v. Wong Kim Ark that I have posted on many occasions. There are only two forms of U.S. citizenship: born and naturalized.
And yes, without the Wong decision, my point of view wouldn’t have a constitutional leg to stand on.


210 posted on 02/20/2015 1:41:27 PM PST by Nero Germanicus (PALIN/CRUZ: 2016)
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