Posted on 08/27/2013 10:44:47 AM PDT by one guy in new jersey
BTW my 4th great grandparents were both born in the US of parents also born here..
fully American. Born in America of American parents and meeting all legal qualifications under law to produce an American citizen baby when my 4th gggp were born in NY state...
My 4th gggp had children born in Canada...
My 3rd ggf was born in Canada in 1797...thus an American citizen...
He married a lady born in Vermont in 1815 of US born parents and grandparents..
again we have 2 US citizen parents...
their children were born in Canada...
My 2nd gggf was born in Canada in 1833...an American citizen...
Eligible to be POTUS...
;)
You're the one who mentioned your citizenship status. You're the one who brought it up. I mentioned it because you brought it up. If you don't want people to mention your citizenship status, then don't bring it up in conversation. THINK!
Here’s the current relevant law of the land that courts will apply to Senator Cruz’ birth situation, if he decides to run for president:
8 U.S.C. § 1401
The following shall be nationals and citizens of the United States at birth:
(g) “a person born OUTSIDE the geographical limits of the United States and its outlying possessions of parents ONE of whom is an ALIEN, and the OTHER a CITIZEN of the United States who, prior to the birth of such person, was PHYSICALLY PRESENT in the United States or its outlying possessions for a period or periods totaling not less than FIVE YEARS, at least two of which were after attaining the age of FOURTEEN YEARS: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;”
Spot on, Larry - Moe and Curly
No it doesn’t. It recognizes already existing citizenship.
That’s why it says:
***SEC. 301. (a) The following shall be nationals and citizens of the
United States at birth:
(1) a person born in the United States, and subject to the
jurisdiction thereof;***
So, if it “GRANTS” citizenship to (7), then it “GRANTS” citizenship to (1), YOU and all others who are born in the good ole US of A.
You’re just arguing to argue now, Ray.
Thank you....
that makes me an American citizen at birth...
My great grandmother was born overseas of 1 US citizen parent so she was an American citzen at birth...
her daughter my grandmother was born overseas of 1 US citizen parent, her mother, so she also was an American citizen at birth...
My dad was born overseas of 1 US citIzen parent, his mother, so he too was an American citzen...
I was born overseas of i US citzen parent, my father, so I was an American citzen at birth...
I did get naturalized but that was just for form etc...
;)
Wrong.
You’ve cited US Code which “grants” citizenship based upon certain circumstances.
Natural born citizenship is not gained through any sort of codification, it is “natural” by definition, and requires no law for it to be attained.
The law specifically states that Section 301, subsection (a), grants citizenship.
You haven’t read 1790 and 1795.
1790 says those born to US citizens overseas are natural born.
1795 expands on that and says those born to US citizens overseas are citizens by RIGHT and by DESCENT.
In other words, it is their RIGHT to be a citizen and it is because they are BORN to an already citizen.
Also, the Constitution is not amended by putting into effect the powers granted to the Congress in Art 1, Sec 8. The last paragraph of Sec 8 says that Congress can make all laws necessary to carry out their powers.
So, Congress saw fit to pass those laws to carry out their power to oversee naturalization. To oversee naturalization you have to address both who needs to be naturalized and who doesn’t need to be.
Cruz falls into the category of one who does not need to be naturalized. That is because his citizens was BY RIGHT at Birth and BY DESCENT at birth.
No it doesn’t. I’m looking at it.
Direct your attention to § 301(a)(2)
Pub. L. 82-414 § 301(a)(2) specifically states that § 301(a) grants citizenship.
I believe I was pointing out that my son though born in the US and therefore an American citizen he was not NBC eligible to be POTUS because I was not an Amertican citzen at the time...
I was not naturalized until AFTER he was born...
but his father was an American citizen when our son was born...
If you fit this, then you are a US citizen at birth without any action by anybody:
***(a)SEC. 301. (a) The following shall be nationals and citizens of the United States at birth:
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of w’hom is an alien, and the other a citizen of the United States who,
prior to the birth of such person, was physically present in the United States ‘ or its outlying possessions for a period or periods totaling not less ‘ than ten years, at least five of which were after attaining the age “ of fourteen years: Provided^ That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements “ of this paragraph.
***
Strictly speaking, the fact of dual citizenship does not negative one’s natural-born Citizen status.
Theoretically, at least, it could be that one’s grandparent’s foreign citizenship status is enough to net that person unwanted status as a citizen of a foreign country. There are some countries starving for population and might try to repopulate their country in this manner.
But practically speaking, this is not an issue, as the benefit of restricting our president to an individual born in our country to parents who were our country’s citizens is putting at least one generation of American citizens between our president or presidential candidate, and any possible foreign allegience. To boot, no country whose laws confer citizenship at birth based on the citizenship status of one’s grandparent could never successfully claim an individual as their own over the claim of a country of which the individual in question is a natural-born Citizen, in the event the issue ever came to a head between the two countries in question.
But I wanted to be clear that dual citizenship is not the actual issue. A natural-born Citizen and the country they are associated like hand in glove, and no third-generation claim to that individual by a foreign country would ever hold up in an international law court.
Thanks Timber Rattler. I’m not trying to bait anyone, frankly. Levin’s behavior on the Cruz ineligibility issue is astonishing, particularly since he holds himself out as one who would uphold the Constitution as written. Did you notice he has rejected original meaning jurisprudence, which is slowly but steadily (and appropriately) displacing all other means for interpreting constitutional terminology?
I’m sure you and your children are all the salt of the earth and I’m pleased to call you all fellow citizens of my country. Your logic and reasoning are both quite sound.
Please see my reply re SCOTUS’s 1875 Minor v. Happersett decision to another commenter. Thanks.
RXSID, you are correct. Congress has the power to make individuals citizens who are not natural-born Citizens. The latter are citizens by virtue of Natural Law and need no statute of Congress to demonstrate their rightful place in our polity. For what it’s worth, The 14th Amendment also did nothing to the definition of NBC.
The idea you reject is actually logical, right and true.
Cruz is showing himself to be an essential American, I agree.
Let’s put him on the Supreme Court, ASAP.
An archway in the halls of the Supreme Court of Georgia states: Though the heavens may fall, let justice be done.
Hit a grand slam with two outs in the bottom of the ninth and win the game in a walk-off by one run. But fail to touch first base and the other team need merely tag the base with the ball, and you are out, the game is lost.
True constitutional conservatives have no patience for either party abusing the Constitution, continuing a constitutional canard, or failing to restore and enforce the original meaning of the document. I love Cruz. He can’t be president.
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