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To: Tublecane
The distinction between citizen and NBC derives from the fact that there is such a thing as naturalization.

Wow, imagine that, another ignorant response. From the Declaration of Independence:

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.

He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.

202 posted on 06/16/2010 1:49:46 PM PDT by patlin
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To: patlin

“Wow, imagine that, another ignorant response.”

Are you denying that the Framers were aware of such a thing as naturalization? Because that right there, with or without a desire to distinguish between native borns and two-citizen parents borns, gives reason for the distinction between natural born citizens and citizens.

The point is, there were naturalized citizens at the time of the founding, and that blows whatever specious argument you were making.

As for the Declaration of Independence, I don’t know what you’re endeavoring to demonstrate. The king sought to prevent a rise in the population of the American colonies by obstructing naturalization laws. So what?


210 posted on 06/16/2010 2:12:50 PM PDT by Tublecane
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To: patlin; Tublecane
The act of 1802 was the last major piece of naturalization legislation during the 19th century. A number of minor revisions were introduced, but these merely altered or clarified details of evidence and certification without changing the basic nature of the admission procedure. The most important of these revisions occurred in 1855, when citizenship was automatically granted to alien wives of U.S. citizens (10 Stat. 604), and in 1870, when the naturalization process was opened to persons of African descent (16 Stat. 256).

NATURALIZATION. The act by which an alien is made a citizen of the United States of America.
2. The Constitution of the United States, art. 1, s. 8, vests in congress the power “to establish an uniform rule of naturalization.” In pursuance of this authority congress have passed several laws on this subject, which, as they are of general interest, are here transcribed as far as they are in force.
3.-1. An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject. Approved April 14, 1802
9.-Sec. 4. That the children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject by the government of the United States, may have become citizens of any one of the said states, under the laws thereof, being under the age of twenty-one years, at the time of their parents’ being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States:
10. Provided, That the right of citizenship shall not descend to persons whose fathers have never resided within the United States:
11. Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen, as aforesaid, without the consent of the legislature of the state in which such person was proscribed.

The underlined section is the reason Mr Smith was determined to be a citizen. Prior to the passing of the Constitution, the laws rested with the states. Furthermore, NO where does the law distinguish the birth location of the child, it merely declares that ALL children of aliens become citizens upon the naturalization of the father. The same distinction goes for the wife/mother. The women & children followed the condition of the husband/father. That is why children born out of wedlock were classified as citizens of the mothers country as she had not yet changed her status. It was not natural for a household to hold divided allegiances. In fact is was considered quite disastrous should as it could pit father against son, wife against husband, etc. This was the law of nature and is why ALL the early census records are listed by the head of the household.

211 posted on 06/16/2010 2:13:36 PM PDT by patlin
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