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To: Ray76

While this is a fascinating issue- and both sides have points, current law is what it is- and I have a health issue which causes bad ‘brain fog’ and it’s hard for me to concentrate well enough to put together long drawn out arguments o any subject- it exhausts me- As I mentioned, I believe You and Springfield Reformer have been over this issue pretty thoroughly- and he has shown that the Bellei case is not ruling law- nor the other cases you mentioned-

If it wasn’t you and He discussing the issue, I would encourage you to view his posts on the subject as they are very informative and do a much much better job than i of explaining current law and why congress has the right to do what it does regarding Naturalization and refining NBC requirements -

Abotu 1/2 or so down the page here: http://www.freerepublic.com/tag/by:springfieldreformer/index?more=98516032

The US Citizenship Laws Say What They Say (electorate education)

and another thread titled

Maine Gov. LePage, my Canadian-born daughters “had to be naturalized, they couldn’t be natural”

and another one also abotu 1/2 way down titled

Trump Backer LePage: Cruz Is Ineligible To Be President Because So Are My Daughters

http://www.freerepublic.com/tag/by:springfieldreformer/index?more=98335012

in which he states:

“It is settled, not in the sense of a definitive SCOTUS decision that spells out all the parameters of the NBC question, but in terms of the current thinking on the issue. A number of recent cases have reinforced an idea often rejected here at FR, that the naturalization process cannot be applied to one who is born a citizen, that naturalization is strictly an after-birth event, and that the enumerated naturalization power of the Congress includes the ability to address those who do not need to be naturalized, which in turn means citizens at birth as recognized by the INA statutes are in fact natural born citizens. In Zivotofsky (2015), Justice Thomas has made this statement explicitly. See here:”

https://supreme.justia.com/cases/federal/us/576/13-628/concur5.html

He actually has many excellent discussion on this issue, and specifically on the Bellie case, the wong case etc- and like i said- He’s a lawyer and knows this stuff far better than i do- but ht bottom line is that currently, a person born overseas to a US citizen is no different in regards to NBC as a person born here on soil- by virtue of the circumstances of his or her birth. (IE ‘AT BIRTH/BY BIRTH) Not by virtue of a process of naturalization, (AFTER BIRTH) (again- cps only to stress key terms for the discussion)


61 posted on 04/08/2016 10:53:05 AM PDT by Bob434
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To: Bob434

Well I hope you feel better.

Conflating “at” with “by” is a source of confusion and all too common.

“at” indicates a point in time

“by” indicates a causative agent

A person can be a citizen at birth either by statute or by nature.

Article II does not require “citizen at birth” - it requires “natural born citizen”.


62 posted on 04/08/2016 11:15:37 AM PDT by Ray76 (Judge Roy Moore for Justice of the Supreme Court of the United States)
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