Scalia flummoxed about natural born citizenship

WND ^ | 9/01/2012 | Larry Klayman

[Elendur]

great info. thanks !

[Eric in the Ozarks]

I can't remember when a non issue chewed up so much band width in FR in the 14 years I've been visiting this page.

Marco Rubio and Mitt Romney are both fully qualified to become president. Where their parents were born has nothing to do with their qualifications.

I have some doubt as to Obama’s actual birthplace but it is a bit late to raise a challenge on where he was born. We'd be better served by focusing on what he's done while in office...

[Perdogg]

I would love to have more stuff to show that 0bama is a fraud. However, this issue would not change the last three and half years (i.e. laws signed, appointments, etc).

[RummyChick]

Chester Arthur’s father was not a US citizen at the time of Chester’s birth.

In another 100 years it is possible that a Mexican citizen born in Mexico can become US President...and no,I am not joking. We are throwing the doors wide open

[Menehune56]

I don’t see this issue being resolved anytime soon by a definitive Supreme Court ruling. Which is probably a good thing knowing now a little more about Chief Justice John Roberts’ judicial philosophy.

[originalbuckeye]

My son was born in this country and his father is an immigrant from our closest ally. My husband became a citizen on our son's birthday a few years later. My family has been here since before the Revolutionary War. If anyone told me my son is not eligible to be President of the United States of America, I would call them a liar.

[PapaNew]

I still see an open issue tied to the meaning of "natural born citizen" as relates to Article II, Section 1, Clause 5.

[P]arents not owing allegiance to any foreign sovereignty here is in the context of who can vote and falls short of "parents who are United States citizens", leaving open the question about Marco Rubio, who is native born and whose parents became citizens a few years after his birth.

[PapaNew]

I still see an open issue tied to the meaning of "natural born citizen" as relates to Article II, Section 1, Clause 5.

[P]arents not owing allegiance to any foreign sovereignty here is in the context of who can vote and falls short of "parents who are United States citizens", leaving open the question about Marco Rubio, who is native born and whose parents became citizens a few years after his birth.

[Cowgirl of Justice]

I think when McCain was challenged on his citizenship, it was to distract the country from the fact that BO is NO American.

JM fell for it but should should have countersued. Too many times BO goes on the offensive and no one stands up to his bullying tactics.

[Drew68]

Will it ever be resolved?

It's already been resolved.

[Perdogg]

Yes, your son is naturally born. As long as the father,
or you,

1. were not a foreign occupier,
2. an ambassador or a foreign head of state,
3. an Indian on a reservation,
4. or here without the consent of the US government

[PapaNew]

I agree. I hope diligent research into the original and intended meaning of NBC in Article II, Section 1, Clause 5 of the Constitution reveals the same.

[PapaNew]

No, Obama’s a case of avoidance, not resolution.

[Mr Rogers]

Actually, the Supreme Court did a pretty good job defining NBC in the WKA case:

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html

It is also clear from multiple Supreme Court cases that a naturalized citizen is NOT a NBC.

“Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that

“No person except a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution shall be eligible to the office of President,

and that Congress shall have power “to establish a uniform rule of naturalization.” Thus, new citizens may be born or they may be created by naturalization.”

“This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” The evident meaning of these last words is not merely subject 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 allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. 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.”

“”We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity, and are coextensive. The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President. Art. II, § 1.”

[GregNH]

I see a very strong argument for Rubio being an NBC. But if one parent, and more so the father, is a foreigner it is clear what that child is not.

[Perdogg]

Therefore Rubio would be naturally born as opposed to the son or daughter of an illegal alien.

Rubio’s parents were in the US with permisson of the US govt, therefore this clause would make Rubio, and Jindal likewise given the same with his parents, naturally born.

[Lazamataz]

This just goes to show that no one ..and I mean NO ONE..knows how a ruling would come down from SCOTUS on this issue...despite FREEPERS who claim to know exactly what would happen.

After the Obamacare mandate ruling, it's as good as a coin toss. No part of the Constitution is meaningful, these days. I'm frankly amazed the Second Amendment got a win.

[trebb]

It would seem that many of our FReepers are more qualified to sit on the bench than Scalia.

Dream on - the story is given from a single person's point of view and Scalia didn't "bite" by making a definitive statement that might never be able to be backed up.

[longtermmemmory]

this issue has decended to the kooks who argue about “sovereign citizens” and the yellow fringe on flags are not real flags crowd.

[originalbuckeye]

My husband entered this country with permission. AND proved that he had a skill that was needed. AND that this country would not be burdened by his presence. Obviously the ‘touchy, feely, oh, but they just want a better life for their children’ tangent our Government has followed has been instrumental in the downward slide of our once great country.