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An Original Taxonomy of "Natural Born Citizen" theories.
Free Republic ^ | 1/1/2009 | Jack Black

Posted on 01/01/2009 3:39:54 PM PST by Jack Black

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Hope this helps us clarify our positions and leads to more thoughtful discussions.
1 posted on 01/01/2009 3:39:55 PM PST by Jack Black
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To: Jack Black

I’m not a lawyer [I don’t even play one on TV.], but this looks like a good synopsis to me. Good work!


2 posted on 01/01/2009 3:52:34 PM PST by the_Watchman
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To: Jack Black
RE: NB3 — I thought that McCain qualified by dint of being born on a U.S. military base (bases being considered U.S. soil, as are embassies).
3 posted on 01/01/2009 4:05:30 PM PST by USFRIENDINVICTORIA
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To: Jack Black

"I believe Senator Obama to be three-fifths eligible to serve as President..."


4 posted on 01/01/2009 4:09:05 PM PST by billorites
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To: Jack Black
Thank you, thank you, thank you! One quick question: Should "POTUS" here read "SCOTUS"?

One practical problem for any of the "Three Type" advocates is that there are no other places in US Law where this distinction is made. Thus, in a real sense, advocates of these "Natural Born" definitions are asking POTUS to define this for the first time in the context of the Obama election. This seems unlikely from a pragmatic point of view.

5 posted on 01/01/2009 4:13:40 PM PST by kittykat77
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To: USFRIENDINVICTORIA
RE: NB3 — I thought that McCain qualified by dint of being born on a U.S. military base (bases being considered U.S. soil, as are embassies). Some interpreted it that way, others said only a state counts. This was also an issue when Goldwater ran in 1964, Arizona was a territory when he was born, not a state.

Others disputed that McCain was born on a base, saying the hospital was in the CZ, but not on the base. Others felt like the entire Canal Zone, in the period in question would qualify as US Territory.

As he didn't win we never had to argue about it too much.

6 posted on 01/01/2009 4:17:28 PM PST by Jack Black (ping can't be a tag line, can it?)
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To: kittykat77

YES! Thanks!! Good catch.


7 posted on 01/01/2009 4:18:11 PM PST by Jack Black (ping can't be a tag line, can it?)
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To: USFRIENDINVICTORIA
Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment.

A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.

U.S. Department of State Bureau of Consular Affairs

Documentation of United States Citizens Born Abroad Who Acquire Citizenship At Birth

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;
(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S. passport, or Certificate of Naturalization or Citizenship);
(3) evidence of the parents’ marriage, if applicable; and
(4) affidavits of parent(s)’ residence and physical presence in the United States.

In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued. A service fee of $65 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth.

8 posted on 01/01/2009 4:27:51 PM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: Jack Black

ATTABOY

Boots


9 posted on 01/01/2009 4:41:53 PM PST by combat_boots ("In a time of universal deceit, telling the truth is a revolutionary act."Aldous Huxley)
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To: Jeff Head; Jim Robinson; Calpernia; doug from upland; STARWISE; ALOHA RONNIE

ping


10 posted on 01/01/2009 4:43:17 PM PST by combat_boots ("In a time of universal deceit, telling the truth is a revolutionary act."Aldous Huxley)
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To: Aker; AK2KX; Ancesthntr; ApesForEvolution; archy; backhoe; Badray; t_skoz; Becki; Jack Black; ...
Please excuse this slight misuse of the CWII ping list. As the saying goes "Membership has it's advantages".

Basically I spent way too much time on this and so am shamelessly plugging it.

I thought it might add some clarity to the ongoing debates discussions. I think it is clear that many of us have different opinions on these things.

11 posted on 01/01/2009 5:04:40 PM PST by Jack Black (ping can't be a tag line, can it?)
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To: Jack Black
New YouTube Video, watch and pass to your lists: Exactly What is a Natural Born Citizen?

Emmerich de Vattel's The Law of Nations was key in framing the United States as the world's first constitutional republic. Click here to read more.

12 posted on 01/01/2009 5:14:15 PM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: combat_boots

bump dat


13 posted on 01/01/2009 5:14:43 PM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Jack Black

BOGUS POTUS Alert !!

Good Job Jack...... :o)

Even if he’s sworn in he’ll always be just a Precedent vs a President to me .

Stay safe !


14 posted on 01/01/2009 5:16:49 PM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: Calpernia

A few questions about this:

1) Do the founders sight this in The Federalist Papers or The Anti-Federalist Papers. I don’t recall hearing about it.

2)It seems to give strength to both NB1 (father citizenship is key, born on US soil required) and NB3 (both parents citizenship required, born on US soil) which position are you advancing? Why?

It seems to be NB3. The case that the SC declined to hear was based on the NB1 argument. Given that NB3 is even a stricter interpretation I rate chances that SC will agree to hear such a challenge as ‘vanishingly low’.

3)Are you aware of this text being sighted in any other Supreme Court rulings?

4)Why do you feel that this one fairly obscure reference trumps all other interpretations?


15 posted on 01/01/2009 5:22:13 PM PST by Jack Black (ping can't be a tag line, can it?)
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To: Jack Black

>>>Do the founders sight this in The Federalist Papers or The Anti-Federalist Papers.

The Law of Nations by Emmerich de Vattel was found in the Federalists papers.

>>>both parents citizenship required, born on US soil

I am advancing both parents because that is how the Constitution was intended and my links states why.

>>>Are you aware of this text being sighted in any other Supreme Court rulings?

Yes. Google searches on Law of Nations pulls many court cases. Supreme too.

>>>Why do you feel that this one fairly obscure reference trumps all other interpretations?

I don’t feel it is obscure. If you read my link about the Law of Nations, I wrote why. I also contributed to the video.


16 posted on 01/01/2009 5:27:28 PM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Red_Devil 232

If true diligence had been shown we would not have been saddled with either of those two phonies.


17 posted on 01/01/2009 5:31:30 PM PST by arthurus ( H.L. Mencken said, "Every election is a sort of advance auction sale of stolen goods.")
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To: Jack Black

BTTT


18 posted on 01/01/2009 5:33:21 PM PST by Jet Jaguar
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To: arthurus

I agree! Closed primaries would have eliminated one for sure!


19 posted on 01/01/2009 5:41:46 PM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: Squantos

What would happen if Obama gets sworn in, and a year later there is proof beyond a doubt that he is constitutionally ineligible to be POTUS?

I can’t believe that I even ask that question. In any normal situation this should never have been brought up. What is so incredible is that no one in government is even curious about Obama’s identity.

To me it is proof that government is no longer on the side of the American people and that it has taken a path incompatible with their welfare.


20 posted on 01/01/2009 5:46:59 PM PST by 353FMG (The sky is not falling, yet.)
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