Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: MamaTexan
This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."

Article I, Section 8 of the Constitution says Congress shall define naturalization laws. Part of defining naturalization would be defining natural born. And among other things, Section 1401 of Title 8 of the U.S. code says that a person born in the U.S. and subject to the jurisdiction there of. If Obama's mother is a U.S. citizen then his father could be Martian and he would still be a natural born U.S. citizen if he was born in Hawaii.

This 'anchor baby' business is a lie.

Because you say so? Thanks for clearing that up for us.

307 posted on 11/15/2008 1:40:21 PM PST by Non-Sequitur
[ Post Reply | Private Reply | To 189 | View Replies ]


To: Non-Sequitur
Article I, Section 8 of the Constitution says Congress shall define naturalization laws.

No, it says Congress can make a UNIFORM RULE of naturalization. Making the rules for naturalization the same for all the States is totally different concept than allowing Congress to define what it can and cannot do on the subject of naturalization.

-----

Section 1401 of Title 8 of the U.S. code says that a person born in the U.S. and subject to the jurisdiction there of

The jurisdiction of the federal government is defined in Article 1, Section 8, Clause 17 of the US Constitution.

They can pass codes and legislation until their heads explode. It is meaningless to anywhere other than their designated jurisdiction.

-----

Because you say so?

No, because St. George Tucker said so:

14. To exercise exclusive legislation in all cases whatsoever, over such district not exceeding ten miles square, as may by cession of particular states, and the acceptance of congress, become the seat of government of the United States; and to exercise like authority over all places purchased by consent of the legislature in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.
The exclusive power of legislating in all cases whatsoever, except within the precincts of the seat of government, not exceeding ten miles square; and except within the precincts of such forts, magazines, arsenals, dock-yards, and other such needful buildings, as may be erected by congress with the consent of the state, in which the same shall be, being reserved to the states, respectively.

View of the Constitution of the United States
NOTE E.
Of the Unwritten, or Common Law of England; And Its Introduction into, and Authority Within the United American States

Here's Joseph Story's take on where citizens of the United States resided:

§ 1218. The inhabitants enjoy all their civil, religious, and political rights. They live substantially under the same laws, as at the time of the cession, such changes only having been made, as have been devised, and sought by themselves. They are not indeed citizens of any state, entitled to the privileges of such; but they are citizens of the United States. They have no immediate representatives in congress.
Joseph Story, Commentaries on the Constitution

1)Congress does not have the authority to create citizenship, only regulate the type of citizenship already in existence.

2) Congress does not have the authority to legislate outside of its enumerated areas.....PERIOD.

If these facts upset the governmental boot-lickers, that's too bad.

358 posted on 11/15/2008 3:50:27 PM PST by MamaTexan (* I am not an administrative, political, legal, corporate or collective entity *)
[ Post Reply | Private Reply | To 307 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson