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To: Ray76
This is EXACTLY opposite your previous claim, "I simply don’t think there’s any doubt historically that those born on US soil are natural born citizens."

Everything I've said is consistent. Virtually all of history and law (I'd say probably around 99%) is entirely consistent as well.

There are people who argue that the 1% controls the 99%. It simply isn't true.

93 posted on 04/02/2013 2:00:12 PM PDT by Jeff Winston
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To: Jeff Winston
NBC is (1) a person born here or (2) person born here of citizen parents.

Scenario 1 varies.

The earliest Naturalization Acts* state that the children of aliens naturalize upon the naturalization of their parents, whether born here or not. This has changed over time so that now under 8 U.S.C. § 1401 (a) "a person born in the United States, and subject to the jurisdiction thereof" is a "citizen at birth" due to a broadly construed "subject to the jurisdiction thereof".

The foregoing illustrates that naturalization statute controls the "any person born here" set as well as the "naturalized citizen" set.

There are two problems with this construction:

1) Obviates the necessity of the grandfather clause of Art. II, § 1

2) Art. II eligibility requirements would be subject to statute. Specifically, statutes made pursuant to Art. I, § 8 would modify Art. II, § 1, which is a violation of Art. V. Congress' power of naturalization does not extend to modifying Art. II, § 1 or any other part of the Constitution.

* The Naturalization Act of 1790 and The Naturalization Act of 1795 both specify that children of aliens naturalize upon the naturalization of the parents.

Naturalization Act of March 26, 1790, ch. 3, 1 Stat. 103 http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=226

§1 "...And the children of persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States."

Naturalization Act of January 29, 1795, ch. 20, 1 Stat. 414 http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=537

§3 "And be it further enacted, That the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years at the time of such naturalization; and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States"

You have been shown "case law" and the understanding of the Penn. Supreme Court which both affirm that these Naturalization Acts mean that the children of aliens naturalize upon the naturalization of their parents whether the children are born here or not.

105 posted on 04/02/2013 2:49:33 PM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
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