Posted on 05/14/2010 3:21:18 PM PDT by bushpilot1
Meandering through my 1928 Edition of Bouvier's Law Dictionary on page 833, Native, Native Citizen is defined:
Those born in a country, of parents who are citizens.
If Obama does not meet the standards of a native citizen how can he be a natural born citizen.
Are you intentionally confusing natural-born and native-born?
Native-born relates to where a person was born. Natural-born relates to who his parents are. End of story. Jay's letter and the Constitution refer to natural-born.
But you refer to native-born. Inquiring minds might wish to understand why you do this? Is it from ignorance, or something else?
ML/NJ
“Regardless, this issue will not send him out on his arse.....”
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Simply because we have congresscritters without b*lls. Don’t know how much longer this country will exist but we are going through some historic moments. I wonder if the next POTUS will be from Pakistan.
LOL, rolling on the floor here.. but you know, it will only work if they also donate $. We just $10 more for Orlystmas.
Today it does. At the time obama was born the laws were ever so slightly more strict.
“...I am sure Hillary had his FBI file in the back of her closet...”
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I am sure that many more still do. A person’s history should be easily traceable in an open society as ours. I am pretty sure that McCane knows details in Obama’s background — he ran against him for POTUS, for crying out loud.
“...I am sure Hillary had his FBI file in the back of her closet...”
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I am sure that many more still do. A person’s history should be easily traceable in an open society as ours. I am pretty sure that McCane knows details in Obama’s background — he ran against him for POTUS, for crying out loud.
Yet that definition is not code, nor has it ever existed as the US legal definition of natural born citizen.
It requires someone to be born in the U.S.A. of U.S. citizen parents.
This definition, sure. By English Common Law (which is also a foundation and source for the legal system of the US - it's not just Vattel as is often claimed here), jus soli is sufficient.
The issue is not what is a potential definition of a natural born citizen; the issue is what is the legal definition within the US. Note that in United States v. Wong Kim Ark the majority position of the Supreme Court held that English Common Law held sway, and thus jus soli is the law of the land.
It's also interesting to note that the dissent in the Ark case proffered Vattel's position as the proper position; however, since that was the minority it has no legal bearing or force and is secondary to the majority position, jus soli - natural born citizen by virtue of birth on US soil.
I'm sure I'll have dozens jump in here and tell me I'm wrong and don't understand, that I'm an idiot or Obamabot. Happened many times in the past. Of course, not a single one can tell me why the minority position of Ark is definitely the proper position, when it was rejected by the majority of the Supreme Court in the decision of just what is a natural born citizen. Lots of dancing and links, but no one is able to get around this very simple fact: in the case dealing with the birth on US soil of a child of foreign parents, the Supreme Court ruled - and has upheld in subsequent cases - that jus soli is the law of the land when it comes to Natural Born Citizenship.
Nancy Pelosi has never been a Senator.
Judge John Bouvier, who first penned this Law Dictionary in 1822 states there is no distinction between a native born and natural born.
He defines a native or native citizen: those born in a country of parents who are citizens.
The Judge is defining a natural born citizen and a native born citizen as those born in a country of parents who are citizens.
He states on page 833...there is no distinction (difference- I looked it up) between a native born and natural born.
Both must have parents who are citizens.
From what I've seen, he is un-American.
Bouvier's Law Dictionary and The Federal Income Tax, 1989 Mixed Media Sculpture
NBC ping
You are correct, factual error on my part. But the rest stands.
Your judge is a weak reference. And Law Dictionaries don't impress me very much. (Black's is incredibly weak.) I'd refer you to a post I made some time ago of the entries from the Oxford English Dictionary but the images I posted no longer exist. (Send me an email address via FReep mail and I send you copies.) Trust me. Your reference is wrong and muddies the waters.
ML/NJ
Obama is not a Native US Citizen
Thank you, Seizthecarp.
I don't think so Obot. You are quite wrong on both accounts.
http://www.scribd.com/doc/29342214/Ramsay-Natural-Born-Citizen-1789
Is there a link on line for that 1828 version?
That's the understanding of the Kenyan Parliament. See my tagline.
I do not mind people posting their OPINIONS on this - but DO NOT state that the legal definition of "natural born citizen" is via JUS SOLI alone. The ARK decision DID NOT settle that question. It DID affirm that ARK was a CITIZEN, however.
From the declaratory paragraph of the decision:
The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the SINGLE QUESTION STATED AT THE BEGINNING OF THIS OPINION, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, BECOMES AT THE TIME OF HIS BIRTH A CITIZEN OF THE UNITED STATES. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.
The QUESTION posed at the beginning of the decision:
The QUESTION presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States BY VIRTUE OF THE FIRST CLAUSE OF THE FOURTEENTH AMENDMENT OF THE CONSTITUTION,
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Even more amazing to see so called conservative FReepers rejoice in the fact that the pos in the WH is ineligible and laugh at the fact that none of our representatives has the guts to stand up and do anything about it.
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