Posted on 04/02/2013 9:04:27 AM PDT by Cold Case Posse Supporter
The Immigration and Naturalization Service:
“Interpretation 324.2 Reacquisition of citizenship lost by marriage.”
Interpretation 324.2(a)(7):
“(7) Restoration of citizenship is prospective . Restoration to citizenship under any one of the three statutes is not regarded as having erased the period of alienage that immediately preceded it.
The words “shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922″, as they appeared in the 1936 and 1940 statutes, are prospective and restore the status of native-born or natural-born citizen as of the date citizenship was reacquired.”
Interpretation 324.2:
“The effect of naturalization under the above statutes was not to erase the previous period of alienage, but to restore the person to the status IF NATURALIZED, NATIVE, OR NATURAL-BORN CITIZEN, as determined by her status prior to loss.”
(Excerpt) Read more at uscis.gov ...
Sun Yat Sen had a Hawaii b.c. but was not born in Hawaii.
It's relevant to everyone who truly values the Constitution, and who doesn't want to see it's meaning twisted and misrepresented based on whatever the whim of the day may be.
You are arguing, in effect, that the Constitution should mean whatever we want it to mean, its real meaning be damned.
That is NOT a conservative position, and it is NOT a position that actually respects either our laws, the Founding Fathers, or the Constitution that this country was founded on.
Yes, that is correct. Sheriff Arpaio’s Cold Case Posse and Mike Zullo have documented how the fake birth registration racket is still ongoing in Hawaii today. They have remarked how this racket is a threat to national security apart from the Obama eligibility question.
This only applies to women, who prior to getting the vote, had a different status than those who were eligible to vote.
Thank you!
You are a dissembler, a liar and a slight of hand artist and not very good at any of them.
The 3 Presidents you constantly cite in your idiotic posts were not born citizens of France they acquired honorary citizenship, that carried no weight of law should they find themselves in France.
In other words, had they been found guilty of treason and had an extradition treaty with the US, they would be extradited as they are not actual citizens.
If they were actual citizens then the treaty would not apply as they would be covered by the jurisdiction of France as citizens.
None of these fellows was given naturalized citizenship of France and I’ve yet to see proof they even received the honorary status of French citizenry.
Go pound sand.
And it proves native-born and natural-born are separate subsets of U.S. citizenship.
Could only women be one of these categories of citizen, and not men?
(I don’t think so!!!)
Naturalized
Native
Natural born
Post #4 for reference :
To: Cold Case Posse Supporter
Excuse me. That should be Interpretation 324.2 (b):
“The effect of naturalization under the above statutes was not to erase the previous period of alienage,but to restore the person to the status IF NATURALIZED,NATIVE,OR NATURAL-BORN CITIZEN,as determined by her status prior to loss.”
4 posted on Tue Apr 02 2013 11:15:08 GMT-0500 (CDT) by Cold Case Posse Supporter [ Post Reply | Private Reply | To 1 | View Replies | Report Abuse]
Where is the proof of your assertion?
thnx in advance.
IBTZ
Flippin Troll
Also see this part; again a distinction is made between “native born” and “natural born”
:
(7) Restoration of citizenship is prospective . Restoration to citizenship under any one of the three statutes is not regarded as having erased the period of alienage that immediately preceded it.
The words “shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922”, as they appeared in the 1936 and 1940 statutes, are prospective and restore the status of native-born or natural-born citizen (whichever existed prior to the loss) as of the date citizenship was reacquired.
Great post Vendome. Jeff Winston is a natural-born Fogbower.
Jeffy, you troll, stop pushing disinformation!
Three types of citizenship are recognized by our government: native born; naturalized; and citizen-by-statute (derived citizenship from parents). All have equal rights. All can serve in Congress, either as a Representative in the House, or as a Senator in the Senate.
The following link will take you to the government’s own Immigration Service web page describing the three types of citizenship.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2ec6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2ec6811264a3210VgnVCM100000b92ca60aRCRD
Natural born Citizen is NOT a type of statutory citizenship. Natural born is ONLY an eligibility requirement for the U.S. Presidency per Article II, Section 1, clause 5, of the U.S. Constitution, and requires, as per the Founders, the President to be born in the United States (jus solis) AND of two citizen parents (jus sanguinas).
The definition of natural born Citizen appears in the holding of SCOTUS’s unanimous decision of Minor v. Happersett (1874).
Minor v. Happersett, 88 U.S. 162 (1875), is a United States Supreme Court case in which the Court held that the Constitution did not grant women the right to vote...
The Minor v. Happersett ruling was based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Supreme Court readily accepted that Minor was a citizen of the United States, but it held that the constitutionally protected privileges of citizenship did not include the right to vote.
SCOTUS rejected Minor’s argument that she was a citizen under the 14th Amendment of the U.S.Constitution, and examined her eligibility, concluding that she belonged to the class of citizens who, being born in the U.S. of citizen parents, was a natural born Citizen, and not covered by the 14th Amendment. This holding has been used in 25 consequent SCOTUS decisions since 1875.
The eligibility requirement of Natural Born Citizenship (jus solis + jus sanguinas: born in the U.S. of U.S. citizen parents) must be viewed as a means to prevent split allegiance for any President of the United States.
The following is often used to support people like Sen. Marco Rubio who seek to be President, but it was superceded centuries ago and is a false argument.
“The First U.S. Congress included in the 1790 Immigration & Naturalization Act language to alert the State Department to the fact that Americans born abroad are “natural born” citizens” and are not to be viewed as foreigners due to foreign birth. They were not granted citizenship via that US statute rather citizenship was stated as a fact that must be recognized by immigration authorities. These children were not citizens by any other means than natural law, according to Congress, and statutory law was written to insure that their natural citizenship was recognized.”
This is not a reasonable explanation. It fails to recognize that Congress only has powers over naturalization and has no power to define “natural born Citizen”, which has nothing to do with naturalization. Furthermore, if Congress wants to tell the State Department something, they don’t have to enact legislation to do it.
But more important is that all of the following naturalization acts, 1795, 1802, etc., were also passed to naturalize the children of U.S. citizens born abroad. And the words “natural born” were repealed in the 1795 Naturalization Act and never returned again.
HOLDING EQUALS PRECEDENT
The direct holding of the Supreme Court in Minor set a binding precedent. Those pretending that the Supreme Court’s direct construction and definition (in Minor) of the natural-born citizen clause is dicta are mistaken. They need to review the first two points of the syllabus, which state:
1. The word “citizen ” is often used to convey the idea of membership in a nation.
2. In that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United states, as much so before the adoption of the Fourteenth Amendment to the Constitution as since.
Check the words “if born of citizen parents” again. They are stated at the very top of the syllabus and more than once in the Opinion of the Court. This is a direct holding of the case. It is clearly precedent. For it not to be precedent, the Court could not have held that Mrs. Minor was a US citizen. But since that determination was part of the holding, the grounds by which they made that determination are precedent, not dicta.
The recognition of US Supreme Court precedent excluding Obama from POTUS eligibility is a theoretical game changer. This places a permanent asterisk* upon his administration’s authority. It may lead to multiple challenges against official actions of his administration.
If he wishes to be a true statesman to this nation, President Obama ought to directly petition the US Supreme Court for a declaratory judgment as to his eligibility rather than let the asterisk fester.
*************************************************************************
In 1996, the US Supreme Court’s majority opinion by Justice Breyer in Ogilvie Et Al., Minors v. United States, 519 U.S. 79 (1996), stated that when the Court discusses a certain reason as an independent ground in support of their decision, then that reason is not simply dictum.
“Although we gave other reasons for our holding in Schleier as well, we explicitly labeled this reason an ‘independent’ ground in support of our decision, id., at 334. We cannot accept petitioner’s claim that it was simply a dictum.”
The Minor Court’s construction of Article 2, Section 1, Clause 5, of the United States Constitution was the independent ground by which the Court avoided construing the 14th Amendment’s citizenship clause.
Therefore, such construction is precedent, not dicta, despite POTUS eligibility not being an issue. The Court determined it was necessary to define the class of natural-born citizens, and the definition is current legal precedent.
Or virgin birth.
I don’t like him and his lies.
He is too easy to slap down and his usual response is a highly edited, to suit his own trolling purpose, blizzard of a post, like the one he continues to post that takes up half a page.
It’d take just as long to destroy each point he took creating and I don’t have the time for it.
If he wants to deal with one issue or the other, I can deal with them but, that is not his strategy.
He is clearly anti-birther from his posting history as that is largely his only subject of interest.
The OP is so devestating Jeff is desperately trying to pile up all the debunked talking points he can find to distract from the real facts.
Everything in your ‘source’ mentions women and not men. And yes, back then, there were women with a different status than men.
No, actually, no, it doesn’t do anything of the sort.
Where does your document state how the two are different from one another?
Does your interpretation appear anywhere? No.
IBTZ!
So only birthers can post here? News to me.
Maybe you should inform JimRob.
The constitution is explicit. All those born in the United States are citizens. Want to change it - change the constitution via the amending formula.
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