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To: Flamenco Lady
Hence to be a natural born citizen you must be born on U.S. soil and not have the possibility of foreign citizenship at birth to any other country.

This is interesting and needs an Amendment, if the SCOTUS reads that definition as you do. Because no one can stop another country from conferring its citizenship on anyone. I realize we are talking about newborns here, and no one knows which newborns would later run for President.

However, the State Dept now finds that a baby born in another country to Americans is a natural born American. John McCain is a case in point but there are many others. The Americans have to meet a standard (like the one that Stanley Ann Dunham did not meet, not having been old enough to confer citizenship on her child had he been born outside the USA). But then the child is natural born.

However, some of these natural born citizens are also automatically considered citizens of the countries in which they were born. If that's a problem for being eligible for the presidency, we would need an amendment to the Constitution.

Here is another angle, even more common. A child is born here in the United States, to two naturalized citizens. Yet their countries of origin still consider them their citizens for life, anyway, even though the two have become American citizens. Not only that, but any child of theirs is also considered an automatic citizen of that country at birth. Thus you have an American, natural born, with another country also claiming he's a citizen there, too. It seems unfair to disqualify people from the presidency if at birth through no fault of their own another country claims them as citizens.

30 posted on 11/20/2008 2:39:03 PM PST by Yaelle
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To: Yaelle

“Hence to be a natural born citizen you must be born on U.S. soil and not have the possibility of foreign citizenship at birth to any other country.”

You make some very good points in your post. I think it was the state department manual someone posted a link for earlier. In that manual there was one section that pointed out that a person was a citizen but not necessiarily a natural born citizen. The manual specifically stated that the term had not been defined and specifically mentioned the section of the Constitution that outlines the qualifications for president. You might want to go back and take a look at the manual that they posted above if you are interested in this issue.

I do think Donofrio’s case deserves to be heard by the full court because it is clear that people in this country and in fact even here on FR have different opinions as to what the term “natural born” citizen means. Some base their definition on English law, some with only the Constitution, and some on laws that were passed. If we on FR can not even come up with a concensus of opinion, when we are all pretty conservative people, then think about the magnatude of the difference of opinion nationwide.

I definitely think the time has come for the Supreme Court to step up to the plate and make a determination as to what constitutes a natural born citizen.


32 posted on 11/20/2008 3:48:21 PM PST by Flamenco Lady
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To: Yaelle

Ping to post # 33. ;o)


34 posted on 11/20/2008 4:08:32 PM PST by freepersup (!)
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