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Being born in the United States does not even make one a 'NATIVE' citizen.
nobarack08 | Feb 12, 2010 | syc1959

Posted on 02/12/2010 12:35:44 PM PST by syc1959

Being born in the United States does not even make one a 'NATIVE' citizen.

Immigration and Citizenship: Process and Policy fourth edition Under Jus Soli, the following is written "The Supreme Court's first holding on the sublect suggested that the court would give a restrictive reading to the phrase, potentially disqualifing significant number of persons born within the physical boundries of the nation. In Elk v. Wilkins 112 U.S. 94, 5 S.CT. 41, 28 L.ED. 643 (1884), the court ruled that native Indians were not U.S. citizens, even if they later severed their ties with their tribes. The words "subject to the jurisdiction thereof," the court held, mean "not merely subjct in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiange." Most Indians could not meet the test. "Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indian Tribes, (an alien through dependent power,) although in a geographical sense born in the United States, are no more 'born in the United States and subject to the jurisdiction thereof,'*** then the children of subjects of any foreign government born within the domain of that government ***. Id. at 102. It continues that Congress eventually passed legislation with the 'Allotment Act of 1887, that conferred citizenship on many Indians.

The fact remains, the Court held, complete and sole Jurisdiction. As I have held that being born anywhere in the United States, jurisdiction is required, sole and complete, and Barack Hussein Obama was already claimed by British jurisdiction under the British Nationailty Act of 1948, and as such fails the United states Constitutional requirement of a Natural Born Citizen.

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Barack Hussein Obama did not have sole jurisdiction under the United States.

Title 8 and the 14th Amendment clearlt state the following;

All persons born or naturalized in the United States and subject to the jurisdiction thereof

Note: 'subject to the jurisdiction thereof'


TOPICS: Government; Politics
KEYWORDS: barack; birthcertificate; birthers; certifigate; citizen; illegal; nativeborncitizen; naturalborn; naturalborncitizen; obama; undocumented
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To: syc1959
"wrong, Vattel was in the continental congress."

Well actually, de Vattel was already dead by then. But I guess you meant that his book was used by the Congress. And it absolutely was.

Unfortunately, it was in French and did not even contain the phrase "natural born citizen." Certainly you are not going to be so hypocritical as to insist the French "indigenes" was the same as "natural born citizen" just a few posts after whining that "natural born citizen" and "natural born subject" were two completely different things. Are you?

Because that would be just so... typical.
181 posted on 02/12/2010 4:22:14 PM PST by EnderWiggins
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To: syc1959
British Common Law that included Bl Com [Blackstone Commentaries] dictated that British subject could never forfeit being in the allegiance to the King regardless of place or time.

Sorry, son. My neighbors were both British citizens at the time their kids were born here -- and the kids are US citizens, according to the Constitution and subsequent court rulings.

The fact that Britain also recognizes them as citizens is irrelevant to their US citizenship status.

182 posted on 02/12/2010 4:23:31 PM PST by r9etb
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To: Las Vegas Ron

As we used to say in Ranger School, “Nice attack, wrong hill.”

I did not say his book didn’t exist.

I said that no translation of his book that included the phrase “natural born citizen” existed.

And it didn’t.


183 posted on 02/12/2010 4:26:14 PM PST by EnderWiggins
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To: EnderWiggins
As we used to say in Ranger School, “Nice attack, wrong hill.”

er, no, the Founding Fathers spoke French so that is irrelevant.

You have proof of your assertion that the phrase NBC was inserted at a later date or are you spouting fairy dust from your arse again?

184 posted on 02/12/2010 4:34:18 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: DoctorBulldog

Doc,

It’s always a bit tiresome to have to slay again the already slain, but you and I have never really talked before so bear with me.

1. The original French of de Vattel was “Les naturels ou indigenes...”

2. The first six English translations of de Vattel translated that phrase to read, “The natives or indigenes...” This is very important, so I hope you are paying attention. They translated “naturels” to “natives,” not to “natural born citizens.”

3. In the 1797 London edition we find the phrase “natural born citizens” for the first time. But the new translation is this, “The natives or natural born citizens...” Again, this is very important, so I hope you are paying attention. “Naturels” is still translated as “natives.” It is the word “indigenes” that is now translated for the first time as “natural born citizens.”

In every single English language edition of de Vattel to this very day, “naturels” has never been “translated as “natural born citizens.” And I ask you, if 250 years of professional translators have never once thought to translate “naturels” as “natural born citizens,” why would you imagine for a second that Ben Franklin would have?

So again...the point remains. It is impossible without time travel for de Vattel to have had any influence over the article II definition of “natural born citizen.”


185 posted on 02/12/2010 4:35:21 PM PST by EnderWiggins
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To: r9etb
The fact that Britain also recognizes them as citizens is irrelevant to their US citizenship status.

True, but they're not NBC and are Constitutionally ineligible for POTUS

186 posted on 02/12/2010 4:36:31 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: EnderWiggins
“The natives or natural born citizens...” Again, this is very important, so I hope you are paying attention. “Naturels” is still translated as “natives.

Ya know, you are a cocky, condecending smart ass.

Accepting your premise, you left out the part of being born to TWO citizen parents.

What a dweeb.

187 posted on 02/12/2010 4:39:45 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: Las Vegas Ron
"You have proof of your assertion that the phrase NBC was inserted at a later date or are you spouting fairy dust from your arse again?"

Of course I do.

Here is an essay by a guy who is even a Birther that proves this. If you scroll down you will find the relavent scanned pages of every English language edition of de Vattel published between its original writing and the 1797 edition that first included the phrase.

Check for yourself.

http://www.greschak.com/essays/natborn/index.htm
188 posted on 02/12/2010 4:40:55 PM PST by EnderWiggins
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To: Las Vegas Ron
"Accepting your premise, you left out the part of being born to TWO citizen parents."

If you accept the premise, then that part becomes completely irrelevant.
189 posted on 02/12/2010 4:42:16 PM PST by EnderWiggins
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To: Las Vegas Ron
True, but they're not NBC and are Constitutionally ineligible for POTUS

Prove it. Not just by saying so, which is what birthers do, but by actually showing some legal decisions that prove it....

Not holding my breath.

190 posted on 02/12/2010 4:43:43 PM PST by r9etb
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To: EnderWiggins

But Eisenhower never dueled anyone...

Spiro Agnew, might have...

OK.

Maybe my humor needs to be less subtle...


191 posted on 02/12/2010 4:44:47 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: r9etb

Check out #37


192 posted on 02/12/2010 4:47:45 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: EnderWiggins
You can be an NBC by birth only. There is no law on the books to make someone that was born a citizen of another country a HBC of the US. They can be a citizen but never a NBC.
Unless you know something no one else does, BO’s father was a Kenyan at the time of his birth which made him a citizen/subject of the UK. Because a father has as much rights as a mother, that made BO a citizen/subject of the UK.
193 posted on 02/12/2010 4:50:20 PM PST by IMR 4350
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To: EnderWiggins
If you accept the premise, then that part becomes completely irrelevant.

That's right just go around in circles, two citizen parents is what defines NBC for his purposes.

How much you getting paid to do this?

Is Rahm really gay?

194 posted on 02/12/2010 4:51:49 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: IMR 4350
"You can be an NBC by birth only. There is no law on the books to make someone that was born a citizen of another country a HBC of the US. They can be a citizen but never a NBC."

No law is necessary to "make" someone an NBC. As you yourself point out, NBCs are born, not made. A person born on American soil (who is not the child of a foreign diplomat or occupying army) is an NBC, no matter how many other nations also decide to grant him their citizenship.
195 posted on 02/12/2010 4:55:23 PM PST by EnderWiggins
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To: EnderWiggins

I cannot speak for anyone else. I only know what I have had to do when a BC was needed for ID of son. The same with my daughter. Needed BC...not COLB. And she with her children.


196 posted on 02/12/2010 4:56:41 PM PST by oldteen
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To: Las Vegas Ron
"That's right just go around in circles, two citizen parents is what defines NBC for his purposes."

Maybe someplace.

But not in this country.
197 posted on 02/12/2010 4:57:08 PM PST by EnderWiggins
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To: EnderWiggins

SWo explain how “not merely subjct in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiange.”

So to ‘what’ degree was Barack Hussein Obama under US Jurisdiction at birth? Knowing that he was already under British jurisdiction, and how that being only partial or to whatever degree you impose not being in conflict with “completely subject to”?

Mind you this is The Supreme Court that has stated complete and not partial to any degree jurisdiction.


198 posted on 02/12/2010 5:01:59 PM PST by syc1959
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To: EnderWiggins
But not in this country.

Yes, in this Country.

It's in OUR Constitution, last I checked it was written for OUR Country.

Maybe you think it was written for France, eh?

199 posted on 02/12/2010 5:02:38 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: Las Vegas Ron

ANSWER THE SIMPLE QUESTIONS;

So explain how “not merely subjct in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiange.”

So to ‘what’ degree was Barack Hussein Obama under US Jurisdiction at birth? Knowing that he was already under British jurisdiction, and how that being only partial or to whatever degree you impose not being in conflict with “completely subject to”?

Mind you this is The Supreme Court that has stated complete and not partial to any degree jurisdiction.


200 posted on 02/12/2010 5:06:03 PM PST by syc1959
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