At no time was Bellei an NBC, since he was not born in the USA, nor was he born abroad of two citizen parents - the definition of NBC recognized in WKA, based on both the NBC clause and the 14th Amendment. Thus his case fell under the laws of Congress, rather than a Constitutional right.
"The central fact in our weighing of the plaintiff's claim to continuing and therefore current United States citizenship is that he was born abroad. He was not born in the United States. He was not naturalized in the United States. And he has not been subject to the jurisdiction of the United States. All this being so, it seems indisputable that the first sentence of the Fourteenth Amendment has no application to plaintiff Bellei. He simply is not a "Fourteenth Amendment first sentence" citizen."
"Held: Congress has the power to impose the condition subsequent of residence in this country on appellee, who does not come within the Fourteenth Amendment's definition of citizens as those "born or naturalized in the United States," and its imposition is not unreasonable, arbitrary, or unlawful. Afroyim v. Rusk, supra, and Schneider v. Rusk, supra, distinguished. Pp. 401 U. S. 820-836."
http://supreme.justia.com/cases/federal/us/401/815/case.html
The only similarity between him & Obama is that Obama was eligible for UK citizenship, but refused to claim it - which, when it transferred to Kenya, he would have needed to do by his 18th birthday.
Please do. Glancing at what you have written below, precision is not something I would accuse you of.
At no time was Bellei an NBC,
No one alleged he was NBC, I pointed out that he was a "born citizen", which he was.
since he was not born in the USA, nor was he born abroad of two citizen parents - the definition of NBC recognized in WKA,
Wong Kim Ark did not use the term "natural born citizen." It used the term "citizen." One can only surmise this was intentional. Minor v Happpersett used the term "Natural born citizen", and defined it as the Children of American Parents born here.
based on both the NBC clause
The "natural born citizen" clause does not define it. It is not positive law in this regard.
and the 14th Amendment.
Neither did the 14th Amendment. It only defined "citizen", not "natural born citizen." Natural born citizens existed prior to, and had no need of, the 14th amendment.
Thus his case fell under the laws of Congress, rather than a Constitutional right.
THAT part I agree with. He was a citizen by statute. The rest of your comment I accept as proof of that point.
The only similarity between him & Obama is that Obama was eligible for UK citizenship, but refused to claim it - which, when it transferred to Kenya, he would have needed to do by his 18th birthday.
If that is Kenyan law, the U.S. takes no notice of it's requirements. It is obviously not U.S. Law. But here is a question for you. Were Barack Obama living in Kenya prior to and after his 18th birthday, could he have been drafted into the Kenyan Army?
Could he have been drafted if he were a "natural born citizen" of the United States under the same residency circumstances?
You're doing the same thing! Look at what you just said!
In order for him to be eligible in the first place he had to qualify as one able to do so. A natural born citizen would never qualify much less be eligible to either claim or refuse it!
You've also just established that he has dual nationality, whether it was claimed or not, and isn't a natural born citizen.