Posted on 04/07/2011 12:46:23 PM PDT by patlin
UNITED STATES CONSTITUTION
ARTICLE II
Sec 5 No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
Nearly a year ago now, Mark R. Levin with all his constitutional expertise stated the dual citizenship is not 14th Amendment citizenship. Rather it is citizenship by statute. If so, the how cone he is ignoring Article II qualifications and promoting Bobby Jindal for president, knowing that Jindal was born a citizen of India? Would that not make Jindal a citizen by statute, not by nature? Also, he recently has been promoting Marco Rubio. I like Marco, but do we know for a fact that his parents were naturalized citizens at the time of Marco's birth?
Caller: Yes, how does dual citizenship work? How can person have dual alliances for example…… let’s say we got into a war with say IsraelYello! Yello! Could someone get Mark on the phone & ask him to explain this to us please?Mark: hahahahaha
Caller: You know what I am saying
Mark: yeah, yeah, the jews, we gotta watch out for them
Caller: No, no, it could be that….
Mark: Let me explain something to you. In terms of dual citizenship, that is done statutorily, you understand? In other words, Congress determines, us, the nature of dual citizenship, what qualifies for dual citizenship and so forth; which is why it is so absurd to argue that 14th Amendment by itself confers citizenship on illegal aliens
Caller: Well, that’s a good point, that’s a very good point. I understand
Mark: Well, it’s the truth, it’s not even, yeah
Caller: No, no, I understand ya, I’m not arguing with ya, I listen to you to learn
Mark: Alright my friend, thank you, you’re a good man, thank you…I’m no fan of dual citizenship either, I’ll be perfectly honest with you
I wonder if any recalls in all the birth certificate debates whether Kenya recognizes Obama as a citizen. If it does, then he shouldn’t be president.
Kenya was British when Obama was born and according to their laws, Obama is still a “British protected person”
“I wonder if any recalls in all the birth certificate debates whether Kenya recognizes Obama as a citizen. If it does, then he shouldn’t be president.”
So if Mongolia were to recognize Mitt Romney as a Mongolian citizen, would that disqualify Romney from being President of the US?
If citizenship IS designated by statute, then we should be able to take care of the birthright citizenship question statutorily. That is basically what the 1898 birthright citizenship Supreme Court ruling says: that in the absence of a Congressional statute, all born on American soil are citizens. Congress could have fixed this more than 100 years ago, and certainly within the past 20 years or so when the problem became so evident.
The only citizenship that is designated by statute is the citizenship of alien immigrants, their children & of course the dreadful citizenship given to babies born here to illegal aliens. Children born to 2 citizen parents are natural born, their citizenship can not be taken away without leaving them stateless, unlike children born to aliens, legal or illegal, who have a foreign allegiance to fall back on. These children can never be left stateless, therfore they are not natural born and they are not citizens for Article II constitutional purposes.
Tell that to Mark
Please cite a court ruling or federal legislation which defines natural born citizen as only those who were born in the US and have two parents who were also American citizens at the time of the birth of said child.
But why would Mongolia do that? There is probably something required to “accept” the recognition, but it’s way above my grade pay.
But I’m sure Kenya recognized it’s “British-protected” citizens as Kenyan when it became a nation, don’t you think?
I doubt he knows that Jindals parents were not yet Naturalized when he was born.
You are talking about Article II, and, I assume Obama; I am talking about the 14th Amendment. Cada loco con su tema.
“But why would Mongolia do that?”
Mongolia as a sovereign state can pass whatever citizenship laws they wish.
“There is probably something required to “accept” the recognition...”
I’m not an expert on Mongolian law, but Mongolia, being a sovereign state, could pass a law that states:
“Every American who is a Natural Born Citizen of the US is now also a citizen of Mongolia and no action is required on their part to gain their citizenship. In addition, Mongolian citizenship may never be renounced.”
Now please explain to me how the citizenship laws of Mongolia or Kenya are recognized and enforced in the United States?
There is none but that doesn't mean what I stated is not true. A state, probably the only entity that has standing in this question, has not yet reached the Supreme Court for a ruling. Also, there were no court rulings when the Courts began adjudicating cases in this country so how were common question solved where there was no previous rulings or laws on the books? Maybe English Common law, Law of Nations, Blackstone, etc...
“There is none...”
Exactly. And until there is such a law passed, no one can be in violation of the law.
And even if we were to pass such a law next week, ex post facto would come into play.
They are not. That’s my point.
trumandogz says:
“Please cite a court ruling or federal legislation which defines natural born citizen as only those who were born in the US and have two parents who were also American citizens at the time of the birth of said child.”
Okay, the “Naturalization Act of 1790”. It was passed by the FIRST Congress, (meaning pretty much the same guys that WROTE the constitution, so I think they know what they are talking about.)
It says, and I quote the salient part:
“And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: . . .”
And here is the link in case you want to read it yourself.
http://web.me.com/joelarkin/MontereyDemographicHistory/Naturalization_1790.html
Basically it says that NO WAY can a man with a foreign born father be even a citizen, let alone a “Natural Born Citizen.”
“Natural born citizen” is a citizen at birth, someone needing to take no additional steps of any kind to be a citizen. Why is that so hard to comprehend? People are twisting the laws and themselves into pretzels trying to define “natural” as anything but what it actually means.
United States Code, Title 8, Section 1401 states:
“The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;”
It doesn’t say both parents must be US citizen. It says “subject to the jurisdiction thereof”. A mother that is a US citizen giving birth in the US is, indeed, subject to the jurisdiction thereof and so is the child. It doesn’t matter the father’s nationality. He could be a space alien for all anyone cares.
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