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To: Mr Rogers
It uses the NBC clause and the naturalization clause to say there are only two categories of citizens - those born (from the NBC clause) and those naturalized.

It says two SOURCES of citizenship, not two categories. Second, the part you cited says there was a difference of opinion on how citizenship was recognized prior to the 14th amendment so there can't only be citizenship from those born under the NBC clause. The Minor decision also acknowledged that some authorities go further than the NBC clause and recognize citizenship beyond that clause without regard to the citizenship of the parents. The 14th amendment would generally settle that doubt, but the jurisdiction as you've cited says "owing no allegiance to any alien power." Since Rubio's parents were exiles, that would negate any allegiance to a foreign power and thus qualify him for 14th amendment citizenship. If not that, then he probably falls under one of the naturalized at birth categories under the INA. Unless Rubio's parents naturalized before he was born, then obviously he is not a natural born citizen.

430 posted on 09/21/2011 8:58:35 AM PDT by edge919
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To: edge919

It says:

“This section contemplates two sources of citizenship, and two sources only: birth and naturalization...Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards except by being naturalized, either individually, as by proceedings under the naturalization acts, or collectively, as by the force of a treaty by which foreign territory is acquired.”

Rubio is either born under the jurisdiction of the United States, or he needs to be brought under it “by being naturalized”. He either is a NBC, or a naturalized citizen - and he is not the latter. So he is either a NBC, or not a citizen at all.

Again, YOU don’t have to believe me. Every court does.


467 posted on 09/21/2011 11:17:56 AM PDT by Mr Rogers ("they found themselves made strangers in their own country")
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