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To: Larry - Moe and Curly
At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also.

I believe you are making too much of the "parents who were it's citizens" being plural. I believe common-law definition applies if either of the parents are citizens, and does not require both parents to be citizens.

Congress has tried to legislate citizenship issues for children born outside the country, establishing rules from time to time that said that if both parents were citizens, you were a citizen, but if only one parent was a citizen that parent had to have lived in the U.S. for 10 years, at least 5 of which were past the age of 16.

But those laws were for children born outside the country.

They have also legislated children born in the country when neither parent was a citizen.

But the court ruling covers the case where the child is born on US soil and at least one parent is a citizen.

108 posted on 07/29/2009 12:04:28 PM PDT by CharlesWayneCT
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To: CharlesWayneCT

You said: “I believe you are making too much of the “parents who were it’s citizens” being plural. I believe common-law definition applies if either of the parents are citizens, and does not require both parents to be citizens.”

These are not my words. These are the words of the Supreme Court. I’m sure they were well-versed enough in the English language to say “parent who was a citizen” if that’s what they meant. When they say “parents who were its citizens”, I’m sure they meant BOTH parents.

Anyone who gets their citizenship by legislation can’t be “natural born”.

Vattel, whom the Founding Fathers were familiar with, in the Law of Nations says:

Ҥ 212. Citizens and natives.

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.”

Again, the word “parentS”.

And “...those children naturally follow the condition of their fathers...”

And “The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.”

This is all historical data that means nothing unless the Supreme Court GETS the case, and then they actually try to interpret it based on what the writers of the Constitution meant. Big leap of faith on our part. In the meantime, I’m getting a heck of an education.


127 posted on 07/29/2009 1:16:58 PM PDT by Larry - Moe and Curly (Loose lips sink ships.)
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