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To: CDR Kerchner
And one can be “naturalized” at birth by acts of Congress per man-made laws and acts such as the Naturalization Act, Title 8 Section 1401. But naturalization at or by birth does NOT make that child a “natural born Citizen”....

Take your nonsense to court. hmmm... No wait, that could result in being cited for frivolous filing AGAIN.

NOBODY can be naturalized at birth. It is legally IMPOSSIBLE.

https://law.justia.com/codes/us/2021/title-8/chapter-12/subchapter-i/sec-1101/

8 U.S.C. 1101; Definitions

(23) The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.

As naturalization may only occur after birth, it is impossible for it to occur at birth.

It is impossible for naturalization to make one a natural born citizen. That requires the acquisition of citizenship at birth, not suibsequent to birth. To be eligible for naturalization, one must be an alien, legally present in the United States.

All persons born in the allegiance of the United States are natural born citizens.

Wong Kim Ark at 169 U.S. 662-63:

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 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."

169 U. S. 702.

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.

https://fam.state.gov/FAM/08FAM/08FAM030101.html#M301_1_1

[State Department, Foreign Affairs Manual]

8 FAM 301.1-1 INTRODUCTION

(b) A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child’s parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States.

129 posted on 04/26/2024 3:05:31 PM PDT by woodpusher
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To: woodpusher

Apparently you cannot read what the man-made law Title 8, which is an act/law passed by Congress which is empowered only to create naturalized citizens states, when Title 8 declares which persons get “collective naturalization at birth”. Yes “at birth” and the relevant section of Title 8, which I will share literally further down states “at birth”. So you are deceiving readers here by omission of key facts in and about Title 8. That is a key characteristic of the far-left when it comes to discussing who is a “natural born Citizen” of the United States and who is not.

See title Title 8, then 8 U.S. Code Subchapter III, NATIONALITY AND NATURALIZATION, Then drill down to 8 U.S. Code Part I - Nationality at Birth and Collective Naturalization of which 8 U.S. Code § 1401 is a section. That secion creates “Nationals and citizens of United States at birth”.

Or go the other way. Start at this link and work you way back up the law to the main title: https://www.law.cornell.edu/uscode/text/8/1401

Clearly Title 8 Section 1401 is a man-made “naturalization law” which “collectively naturalizes” certain persons “at birth”. It clearly states “at birth”. Read it:


8 U.S. Code § 1401 - Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
(June 27, 1952, ch. 477, title III, ch. 1, § 301, 66 Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§ 1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§ 1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, § 12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, § 101(a), Oct. 25, 1994, 108 Stat. 4306.)


You know this and are clearly here posting here your misleading disinformation to further goal of protecting the non-natural born Citizen usurpers - Barack Hussein Obama and Kamala Harris.

For all other readers here who can read clearly and use common sense, critical thinking and logic to see through the disinformation posted here by the far-left operatives like Woodpusher, and to learn more about who is and who is not a “natural born Citizen” of the United States see:

See this White Paper on “natural born Citizen” (”nbc”) for more details about the Who, What, When, Where, WHY, and How the “nbC” term was put into the Presidential Eligibility clause of our U.S. Constitution: http://www.kerchner.com/protectourliberty/naturalborncitizen/TheWhoWhatWhenWhereWhyandHowofNBC-WhitePaper.pdf

Also for some basic logic and a Euler Diagram to prove the fallacy of your argument about the various kinds of Citizens see: https://cdrkerchner.wordpress.com/2016/02/14/euler-logic-diagram-shows-logical-relationship-of-constitutional-article-ii-natural-born-citizens-to-other-type-citizens-of-the-united-states/

Also see this chart for the types of Citizens (five) mentioned in the U.S. Constitution: https://www.scribd.com/doc/11737124/Citizenship-Terms-Used-in-the-U-S-Constitution-The-5-Terms-Defined-Some-Legal-Reference-to-Same


133 posted on 04/26/2024 10:06:05 PM PDT by CDR Kerchner ( retired military officer, natural law, Vattel, presidential, eligibility, natural born Citizen )
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