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To: Tublecane
he citizenship of the naturalized is conditional, whereas soil babies possess citizenship through birthright.

Soil babies' citizenship is conditional on whatever the US Code is at the time. The US Code can only confer naturalized citizenship, per the Constitution. They are naturalized at birth, a condition entirely conditional on statutory, not natural, law.

This is why the monarchist Hamilton's draft suggestion about "born citizen(s)" was struck in favor of Jay's "natural born citizen"s, to make sure that natural inherited citizenship was a requirement for the office.

Hope this helps.

509 posted on 11/13/2010 12:54:49 PM PST by Plummz (pro-constitution, anti-corruption)
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To: Plummz

“Soil babies’ citizenship is conditional on whatever the US Code is at the time.”

I suppose it could be altered if, say, Congress were to declare illegal immigrants, or some other group, “beyond the law.” Certain laws do have the potential to change who fits the “subject to the jurisdiction thereof” part of the 14th amendment which now applies to people who fit the conventional “beyond the law” categories (diplomats, Indians, invading armies). There is a potential, surely, but a basic practical impossibility. Because there’s little reason ever to exclude groups from U.S. law. Even diplomats have immunity in limited circumstances. The U.S. government likes to control things.

The important thing is that the 14th amendment largely controls who becomes a citizen at birth, not statutory law.

“The US Code can only confer naturalized citizenship, per the Constitution.”

I don’t know what part of the Constitution says that.

“They are naturalized at birth, a condition entirely conditional on statutory, not natural, law.”

No such thing as naturalization at birth. That makes no sense. By the way, except perhaps through the 9th amendment, natural law does not have force of law in the U.S. It is something for philosophers, not lawyers.


701 posted on 11/15/2010 4:22:07 PM PST by Tublecane
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