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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: EnderWiggins

Natives - with only one parent.

wiggiefool - back to your coloring books


681 posted on 02/15/2010 11:18:45 AM PST by syc1959
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To: Velveeta

I found it.

http://www.constitution.org/uslaw/sal/066_statutes_at_large.pdf

Title 3 starts at PDF page 274. It appears to be the full meal deal ;)

Man this was not easy to find.


682 posted on 02/15/2010 11:22:27 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Velveeta

See post 282 :) I found it.


683 posted on 02/15/2010 11:22:57 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Velveeta

I meant 682!!!


684 posted on 02/15/2010 11:23:35 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Velveeta; Danae; All
> I was looking specifically for the 1952 McCarren Act version

Be sure to also look for the spelling "McCarran", as well as "McCarren".

Ramsey Labels 1952 McCarran Act Harmful to Scientific Development
http://www.thecrimson.com/article/1953/2/4/ramsey-labels-1952-mccarran-act-harmful/
Published: Wednesday, February 04, 1953

685 posted on 02/15/2010 11:28:07 AM PST by BP2 (I think, therefore I'm a conservative)
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To: Danae

got it. Thanks


686 posted on 02/15/2010 11:29:58 AM PST by syc1959
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To: BP2
"Blackstone is not some Chinese buffet where EnderWiggins gets to pick the broccoli beef while ignoring the General Tso's chicken. It's all or nothing.:

No, it's not. If it were all or nothing, then we would have to reject de Vattel completely, since the Federal Convention rejected his insistence that there was no right to bear arms and overruled him by inserting the 2nd Amendment. So... out of the gate you are showing the simplistic, reductionist understanding of how the Constitution was framed that bedevils the Birthers into constantly contradicting themselves. As you do here. It's never all or nothing.

"You after-birthers keep trying to shift the focus onto Obama's mama and her US citizenry, when Blackstone, despite changes in current citizenship laws, would be VERY clear that Obama Jr is BOTH a US Citizen and a British Natural Born Subject:"

I have no idea who you are arguing with there. I have never mentioned Obama's mother or her citizenship once. This is because under US law, it does not matter.

The excerpts you've posted from Blackstone contradict your claim that Obam is a dual citizen, because Blackstone is saying that there is no such thing. He is saying that once you are a natural born citizen, your allegiance to your country of birth is permanent and immutable, and no other citizenship counts.

In Obama's case, his natural born citizenship is American, and (if Blackstone is correct here) his British citizenship does not count.
687 posted on 02/15/2010 11:31:44 AM PST by EnderWiggins
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To: BP2

http://www.constitution.org/uslaw/sal/066_statutes_at_large.pdf

Chapter 3 starts at PDF page 274.


688 posted on 02/15/2010 11:33:02 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: syc1959
Another hallucinaion, Syc? You really have to stop inventing stuff.

It does not appear that you have a clue what that reference is saying.
689 posted on 02/15/2010 11:33:43 AM PST by EnderWiggins
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To: syc1959

O.o

++++++++++++++++++++++++++
PDF page 306

CHAPTER 3-Loss OF NATIONALITY
LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN
SEC. 349. (a) From and after the effective date of this Act a person
who is a national of the United States whether by birth or naturalization,
shall lose his nationality by-
(1) obtaining naturalization in a foreign state upon his own
application, upon an application filed in his behalf by a parent,
guardian, or duly authorized agent, or through the naturalization
of a parent having legal custody of such person : Provided, That
nationality shall not be lost by any person under this section as
the result of the naturalization of a parent or parents while such
person is under the age of twenty-one years, or as the result of a
naturalization obtained on behalf of a person under twenty-one
years of age by a parent, guardian, or duly authorized agent,
unless such person shall fail to enter the United States to establish
a permanent residence prior to his twenty-fifth birthday : And
provided further, That a person who shall have lost nationality
prior to January 1, 1948, through the naturalization in a foreign
state of a parent or parents, may, within one year from the
effective date of this Act, apply for a visa and for admission to
the United States as a nonquota immigrant


690 posted on 02/15/2010 11:35:27 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: syc1959

TITLE III-NATIONALITY AND NATURALIZATION
CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE
NATURALIZATION
NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
SEC. 301 . (a) The following shall be nationals and citizens of the
United States at birth :
(1) a person born in the United States, and subject to the
jurisdiction thereof ;
+++++++++++++++++++

Obama according to his Fight the smears site was born under the Jurisdiction of Britain and the British Nationality act of 1948. Does this potentially mean he is not a legal American Citizen?


691 posted on 02/15/2010 11:44:17 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Danae

Looks like this clears McCain as being an NBC.
++++++++++++++++++++++++++++++++++++++++++

PERSONS BORN IN THE CANAL ZONE OR REPUBLIC OF PANAMA ON OR AFTER
FEBRUARY 26, 1904
SEC. 303. (a) Any person born in the Canal Zone on or after February
26, 1904, and whether before or after the effective date of this
Act, whose father or mother or both at the time f the birth of such
person was or is a citizen of the United States, is declared to be a citizen
of the United States.
(b) Any person born in the Republic of Panama on or after
February 26, 1904, and whether before or after the effective date of
this Act, whose father or mother or both at the time of the birth of
such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United
States .


692 posted on 02/15/2010 11:53:42 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: syc1959

Check out the posts around 692


693 posted on 02/15/2010 11:56:17 AM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Danae

I believe that this would be considered as ‘native’ as
otherwise McCain would not have needed SR511 in an attempt to make him appear legal as ‘NBC’.

Nice find.


694 posted on 02/15/2010 12:07:26 PM PST by syc1959
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To: Danae

WOW, thanks so much. I’ll be saving this link!
Will have to tackle reading it later this evening.


695 posted on 02/15/2010 12:10:03 PM PST by Velveeta
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To: BP2

Thanks for the correction on spelling.


696 posted on 02/15/2010 12:11:30 PM PST by Velveeta
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To: Velveeta

DOWNLOAD THE PDF NOW! LOL It was not easy to find, I had to look up the Statutes at large itself. It has otherwise been scrubbed off the internet, chapter three in particular.
Maybe I should post the entire chapter here.....


697 posted on 02/15/2010 12:15:20 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: syc1959

What caught my eye was the “Or the Republic of Panama”. Thats a game ender really.


698 posted on 02/15/2010 12:16:44 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Danae

TITLE III-NATIONALITY AND NATURALIZATION
CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION
Sec. 301 . Nationals and citizens at birth .
Sec. 302. Persons born in Puerto Rico .
Sec. 303 . Persons born in the Canal Zone .
Sec . 304 . Persons born in Alaska .
Sec . 305 . Persons born in Hawaii .
See . 306. Persons living in and born in the Virgin Islands .
See . 307. Persons living in and born in Guam .
Sec . 308 . Nationals but not citizens at birth .
Sec . 309 . Children born out of wedlock.

CHAPTER 2-NATIONALITY THROUGH NATURALIZATION
See 310. Jurisdiction to naturalize .
See. 311 . Eligibility for naturalization .
See . 312. Requirements as to understanding the English language, history, principles
and form of government of the United States.
See . 313 . Prohibition upon the naturalization of persons opposed to government
or law, or who favor totalitarian forms of government .
See . 314. Ineligibility to naturalization of deserters from the Armed Forces of
the United States .
See. 315. Alien relieved from training and service in the Armed Forces of the
United States because of alienage barred from citizenship .
See. 316. Requirements as to residence, good moral character, attachment to
the principles of the Constitution, and favorable disposition to the
United States.
Sec. 317. Temporary absence of persons performing religious duties.
Sec. 318. Prerequisites to naturalization-burden of proof.
Sec. 319. Married persons .
See. 320. Children born outside of United States of one alien and one citizen
parent .
Sec. 321 . Children born outside of United States of alien parent .
Sec. 322 . Child born outside of United States ; naturalization on petition of
citizen parent ; requirements and exemptions .
See. 323. Children adopted by United States citizens .
Sec . 324. Former citizens regaining United States citizenship .
Sec. 325 . Nationals but not citizens of the United States ; residence within outlying
possessions .
Sec. 326. Resident Philippine citizens excepted from certain requirements .
Sec. 327. Former United States citizeus losing citizenship by entering the armed
forces of foreign countries during World War II .
Sec . 328. Naturalization through service in the Armed Forces of the United
States .
Sec. 329. Naturalization through active-duty service in Armed Forces during
World War I or World War II .
Sec . 330 . Constructive residence through service on certain United States vessels .
Sec. 331 . Alien enemies ; naturalization under specified conditions and procedure.
Sec . 332 . Procedural and administrative provisions ; executive functions .
See . 333 . Photographs .
See . 334. Petition for naturalization ; declaration of intention.
Sec . 335 . Investigation of petitioners ; preliminary examinations on petitions .
Sec . 336 . Final hearing in open court ; examination of petitioner before the court .
Sec . 337 . Oath of renunciation and allegiance .
Sec . 338 . Certificate of naturalization ; contents .
Sec. 339 . Functions and duties of clerks .
See . 340. Revocation of naturalization.
Sec . 341 . Certificates of citizenship ; procedure.
See. 342 . Cancellation of certificates not to affect citizenship status .
Sec. 343 . Documents and copies issued by the Attorney General .
See. 344 . Fiscal provisions .
Sec. 345 . Mail relating to naturalization transmitted free of postage and registered
.
Sec. 346 . Publication and distribution of citizenship textbooks from naturalization
fees .
Sec. 347 . Compilation of naturalization statistics and payment for equipment .
Sec. 348. Admissibility in evidence of testimony as to statements voluntarily
made to officers or employees in the course of their official duties .
CHAPTER 3-LOSS OF NATIONALITY
Sec . 349. Loss of nationality by native-born or naturalized citizen .
See. 350 . Dual nationals ; divestiture of foreign nationality.
See . 351 . Restrictions on expatriation .
Sec. 352. Loss of nationality by naturalized national .
Sec. 353. Section 352 not effective as to certain persons.
Sec . 354 . Section 352 (a) (2) not effective as to certain persons .
Sec . 355 . Loss of American nationality through parent’s expatriation ; not effective
until person attains age of twenty-five years .
See. 356. Nationality lost solely from performance of acts or fulfillment of
conditions .
See. 357. Application of treaties ; exceptions.


699 posted on 02/15/2010 12:19:41 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Velveeta

> Thanks for the correction on spelling.

I’m not sure if it was a “correction” per se. I’ve seen it spelled both ways.

They didn’t have spell checkers back in the 1950s.


700 posted on 02/15/2010 12:22:18 PM PST by BP2 (I think, therefore I'm a conservative)
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