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Birth in the US does not make you a citizen
Supreme Court case Elk V. Wilkins ^
Posted on 05/08/2010 10:51:22 AM PDT by MrZippy2k
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1
posted on
05/08/2010 10:51:23 AM PDT
by
MrZippy2k
To: MrZippy2k
2
posted on
05/08/2010 10:53:36 AM PDT
by
xvq2er
To: MrZippy2k
asnd since the Indian Territories no longer exist, whats your point.
3
posted on
05/08/2010 11:01:44 AM PDT
by
dixjea
To: dixjea
I think they are talking about births in Indian Casino Lavatories?
4
posted on
05/08/2010 11:03:52 AM PDT
by
central_va
( http://www.15thvirginia.org)
To: MrZippy2k
Perhaps regrettably, those that came between us and the Founders have meddled with citizenship to the point where, in most cases, birth within the nation does afford the child citizenship -- "anchorbabyhood". But ... at no point in our national history has an attempt been made to redefine "natural born citizen". And that is where Obama fails muster -- "dual citizen" and "natural born citizen" are incompatible concepts at their very cores.
5
posted on
05/08/2010 11:13:16 AM PDT
by
so_real
( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
To: MrZippy2k
Kids born within the geographic US to parents who are foreign nationals are subject to the jurisdiction of their parents’ nations, not the US. Ergo, just because a kid is physically born in the US does does automatically bestow citizenship on that kid.
6
posted on
05/08/2010 11:16:19 AM PDT
by
ought-six
( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
Why isn’t this specified in the Constitution. I lived for about forty years believing something that wasn’t true. Instead or, or in addition to, state laws that prescribe what identification is necessary to run for office, we should work on defining citizenship in the constitution.
Can anyone point to something in the Federalist papers or any of the other founding documents that discusses this. I find it amazing that they did not specify the rules for citizenship.
7
posted on
05/08/2010 11:17:50 AM PDT
by
Vermont Lt
(This nation, of the people, by the people, and for the people has perished from the land.)
To: ought-six
"Kids born within the geographic US"
That would seem to be irrelevant in this specific case, as the kid in question was born within the geographic carve-out of an Indian nation, as recognized at the time.
8
posted on
05/08/2010 11:17:57 AM PDT
by
RightOnTheLeftCoast
(Obama: running for re-election in '12 or running for Mahdi now? [http://en.wikipedia.org/wiki/Mahdi])
To: dixjea
If not even native americans can be considered “natural born”. Who the hell else can be called “natural born” citizen ?!? Neither Obama nor McCain were able to calm doubts about their “natural born” citizenship but were eligible as president of the US of A ! A NATIVE american is now considered not only non-”natural born” but not a citizen at all by supreme court. How can something like this happen ?
I’d guess we’ll need a more water proof definition by law of the terms “beeing a citizen” and beeing “natural born”.
9
posted on
05/08/2010 11:22:07 AM PDT
by
buzzer
To: so_real
Forget "original intent" or your own interpretation of the constitution. You have decades of judicial precedent against you. This is our Common Law system. Deal with it (by getting originalist justices appointed).
And the next person who tells me that congress can nullify supreme court decisions (usually by quoting the Birchers) needs to get back to the crack pipe.
10
posted on
05/08/2010 11:23:13 AM PDT
by
Clemenza
(Remember our Korean War Veterans)
To: MrZippy2k
11
posted on
05/08/2010 11:25:56 AM PDT
by
HighlyOpinionated
(SPEAK UP REPUBLICANS, WE CAN'T HEAR YOU YET! IMPEACH OBAMA!)
To: central_va
Are there some who are just too St-p-d to be on Free Republic?
12
posted on
05/08/2010 11:27:22 AM PDT
by
righttackle44
(Is Obama an Irish, Italian or Japanese name?)
To: righttackle44
Woops, I forgot the < / sacasm >
13
posted on
05/08/2010 11:29:07 AM PDT
by
central_va
( http://www.15thvirginia.org)
To: MrZippy2k; All
"Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States.
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." Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866."Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. 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." Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866.
http://towncriernews.blogspot.com/search?q=Howard+Jacob
14
posted on
05/08/2010 11:31:25 AM PDT
by
AuntB
(Illegal immigration is simply more ‘share the wealth’ socialism and a CRIME not a race!)
To: MrZippy2k
I think it is possible to be a birth citizen while falling short of the “natural born” definition.
15
posted on
05/08/2010 11:34:08 AM PDT
by
joseph20
(...to ourselves and our Posterity...)
To: ought-six
Kids born within the geographic US to parents who are foreign nationals are subject to the jurisdiction of their parents nations, not the US Really? They don't have to abide by US laws? Their parents won't get ticketed for running a red light, or arrested for robbing a 7-11? Foreigners are exempt from our laws, from the jurisdiction of the US while here in the US?
16
posted on
05/08/2010 11:38:37 AM PDT
by
PugetSoundSoldier
(Indignation over the Sting of Truth is the defense of the indefensible)
To: AuntB
This will not, of course, include persons born in the United States who are (1)foreigners, (2)aliens, (3)who belong to the families of ambassadors or (4)foreign ministers accredited to the Government of the United States,
but will include every other class of persons." Is this what this paragraph means? There are 4 groups who born here would NOT be automatic citizens....foreigners....aliens.....etc.?
If not, then exactly what does it mean?
17
posted on
05/08/2010 11:42:15 AM PDT
by
YellowRoseofTx
(Evil is not the opposite of God; it's the absence of God)
To: Vermont Lt
Citizenship was determined by the States at the time the Constitution was ratified, Vermont Lt. A citizen of one of the several States was ipso facto a citizen of the United States.
There was no federal regulation of citizenship itself, there was only Constitutional restriction upon those who would be eligible for elected office at the federal level. This remained the case even after immigration and naturalization was a power enumerated under the Constitution to the national legislature in order to create a more uniform set of statute law pertaining to citizenship acquired by these means. States made every citizenship determination right up to the 14th Amendment, which was itself in response to certain States denying citizenship to former slaves.
So, of course the Constitution did not speak specifically to something that was clearly enumerated to the States or to The People. It dealt with matters between the States acting in unity as the United States, as did the looser Articles of Confederation that preceded it going back to the end of the Revolution in 1781.
To: YellowRoseofTx
The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment,[31] although it has generally been assumed that they are.[28] When accorded automatic birthright citizenship based on birth on American soil, a newborn’s status is generally unaffected by the legal status or citizenship of that individual’s mother or father.
http://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States_of_America
19
posted on
05/08/2010 11:54:50 AM PDT
by
rolling_stone
(no more bailouts, the taxpayers are out of money!)
To: YellowRoseofTx
20
posted on
05/08/2010 12:02:25 PM PDT
by
rolling_stone
(no more bailouts, the taxpayers are out of money!)
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