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To: betty boop; TXnMA
Actually from the way you have framed the issue, it sounds like the second part applies to anyone who became a citizen of the United States upon its inception. IOW, that prior to that they would be citizens of some other nation(s.)

The ones excluded would evidently be those who did not become citizens upon inception, e.g. non-residents temporarily "in" the country and slaves who were seen as property.

Interesting but it still leaves us with their intent - evidently that henceforth all presidents must be natural born citizens.

If I understand that correctly, then a non-resident newborn could not become president. McCain arguably would have been a resident at birth because the U.S. was the legal residency of his parents who were on temporary duty outside the U.S.

I do not venture a guess whether Obama's mother's legal residency changed to Kenya upon her marriage based on the laws at the time.

Thank you so much for all your wonderful insights, dearest sister in Christ!

92 posted on 12/07/2009 9:09:45 AM PST by Alamo-Girl
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To: betty boop; TXnMA
A quick bit of research on whether Obama's mother's and his legal residency changed to Kenya upon her marriage:

domicile (dŏm`əsīl'), one's legal residence. This may or may not be the place where one actually resides at any one time. The domicile is the permanent home to which one is presumed to have the intention of returning whenever the purpose for which one is absent has been accomplished. One may simultaneously have a temporary lodging for a short time at one place, a more permanent abode called a residence at another, and a domicile at still another place. Usually the domicile of the husband and father determines that of wife and children. Determining domicile is important in defining the legal status of a person and the nationality of a public corporation (a legal person) under international law.

The Columbia Electronic Encyclopedia® Copyright © 2007, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/

The Free Dictionary

Hmmmmm ....

93 posted on 12/07/2009 9:29:13 AM PST by Alamo-Girl
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To: Alamo-Girl; TXnMA
Interesting but it still leaves us with their intent — evidently that henceforth all presidents must be natural born citizens.

It seems to me the Framers' intent MUST have to do with the loyalty issue: The POTUS — the CEO, CIC, and CLO of the United States — must be someone about whom there can be no doubt whatsoever as to his devotion and loyalty to the nation. There can be no suspicion of "divided loyalties" on behalf of another sovereign state or interest, overt or concealed.

Thus the language of "natural-born": birth from two American parents (wherever they are in the world at the time of birth) instantly confers American "natural-born" citizenship on the child. A child born to Americans could be presumed to have no "divided loyalties." This is, again, the doctrine of jus sanguinis in action.

Trying to straighten everything out, it seems there are three basic categories of American citizenship: (1) natural-born (jus sanguinis doctrine — which is why John McCain is a natural-born citizen of the United States irrespective of his Panamanian birth); (2) native-born (14th Amendment, jus solis doctrine — place of birth determines citizenship; e.g., the "anchor baby" phenomenon); and (3) Naturalized (foreign-born individuals who have chosen to become U.S. citizens). Presumably, children born in America to naturalized citizens are themselves not only "native-born," but also "natural-born" [My mother would be in this category since both her parents were American citizens, albeit naturalized ones, at the time of her birth.]

Just trying to figure out all this stuff! :^) This is where I am at the moment....

If I'm right, then I can happily report that I am a natural-born and native-born American citizen! :^)

Thank you so much, dearest sister in Christ, for your wonderful insights!

94 posted on 12/07/2009 10:21:37 AM PST by betty boop (Malevolence wears the false face of honesty. — Tacitus)
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