http://www.law.cornell.edu/uscode/8/1401.html
TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > §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.
TITLE 8ALIENS AND NATIONALITY
CHAPTER 1GENERAL PROVISIONS
CHAPTER 2ELECTIVE FRANCHISE
CHAPTER 3CIVIL RIGHTS
CHAPTER 4FREEDMEN
CHAPTER 5ALIEN OWNERSHIP OF LAND
CHAPTER 6IMMIGRATION
CHAPTER 7EXCLUSION OF CHINESE
CHAPTER 8THE COOLY TRADE
CHAPTER 9MISCELLANEOUS PROVISIONS
CHAPTER 10ALIEN REGISTRATION
CHAPTER 11NATIONALITY
CHAPTER 12IMMIGRATION AND NATIONALITY
CHAPTER 13IMMIGRATION AND NATURALIZATION SERVICE
CHAPTER 14RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
CHAPTER 15ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
Main Entry:
1na·tion·al Listen to the pronunciation of 1national Pronunciation:
\ˈnash-nəl, ˈna-shə-nəl\
Function: adjective
Date: 1580
1 : of or relating to a nation
2 : nationalist
3 : comprising or characteristic of a nationality
4 : belonging to or maintained by the federal government
5 : of, relating to, or being a coalition government formed by most or all major political parties usually in a crisis na·tion·al·ly adverb
http://www.merriam-webster.com/dictionary/national
As you know, the term natural born citizen do not exist in any US statute (including 1401).
There is an extensive brief on this issue posted in July last year which engages in a detailed description of how the statutory pattern and effective date clauses work.
That may well have been what you were trying to show, but since you didn't say something like “See! No natural born citizen in this.” I want to make it clear. This no legal argument about this, though there are lots of people who would like to change it. To read the attorney who exposed Taranto's lies go to Leo Donofrio's blog http://naturalborncitizen.wordpress.com/
That may well have been what you were trying to show, but since you didn't say something like “See! No natural born citizen in this.” I want to make it clear. This no legal argument about this, though there are lots of people who would like to change it. To read the attorney who exposed Taranto's lies go to Leo Donofrio's blog http://naturalborncitizen.wordpress.com/
(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;
Compare with this, from page 17 of the "U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs," hosted on the Department of State website:
http://www.state.gov/documents/organization/86757.pdf
7 FAM 1133.2-2 Original Provisions and Amendments to Section 301(CT:CON-204; 11-01-2007) a. Section 301 as Effective on December 24, 1952: When enacted in 1952, section 301 required a U.S. citizen married to an alien to have been physically present in the United States for ten years, including five after reaching the age of fourteen, to transmit citizenship to foreign-born children. The ten-year transmission requirement remained in effect from 12:01 a.m. EDT December 24, 1952, through midnight November 13, 1986, and still is applicable to persons born during that period. As originally enacted, section 301(a)(7) stated: Section 301. (a) The following shall be nationals and citizens of the United States at birth: (7) 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 ten years, at least five 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 by such citizen parent may be included in computing the physical presence requirements of this paragraph."
The following shall be nationals and citizens of the United States at birth:
...
(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
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Now the question is, will the SCOTUS view this statute as having met the full requirements of the intention of the US Constitution. SCOTUS law is unsettled in that matter, and hasn’t addressed the specific proviso of letter (g) in the law.
http://en.wikipedia.org/wiki/Natural_born_citizen