You could not be more wrong. Citizenship in a soverign nation is conferred upon a person based solely on the laws of that nation. There is no natural law entitlement to Citizenship. The Constitution confers upon Congress the right and duty to dictate the qualifications for both Citizenship at the moment of birth and citizenship granted after birth.
Of what use then, the endless speculation of those not empowered to explicitly explain ArtII, among them myself and all other FReepers not presently cashing SCOTUS paychecks?
Exegesis of the COTUS on eligibility is a worthwhile pastime for us all. However, the word that will bind us all must come from the SCOTUS, ruling on eligibility appeals that come before it by those unsatisfied with the rulings of lower courts. Many such an appeal has wended its weary way to arrive before this august bench, only to be preemptorily thrown out on some quite remarkably shabby legal pretexts and, in the frank admission of various SCOTUS Justices, just plain avoided, dodged, shirked, ignored, and otherwise turned away by either the Justices of themselves or by the bureaucracy of the court and its clerks.
Learned and dedicated FReepers knowledgeably bandy about dicta, rulings, State Department Rules, Laws, INS Regulations, etc. Marvelous. But having little to do with the real questions: "Was Barack Hussein Obama II (or Jr.) eligible to run for President?" "Is Ted Cruz a 'natural born Citizen'?" "How about that Rubio guy?" "Jindal: yes or no?"
Now, this has nothing to do with removing anyone from office. This has to do with who is eligible to run for office. If Barry was ineligible, that's one thing. The fact that he is a sitting President is another. That means that now only Congress can remove him. Since the ruling of the SCOTUS is not binding upon them in this matter, that would actually depend upon whether or not they felt like it.
Out of 300 million Americans, perhaps about 50 Million would really like the eligibility questions answered. That should be enough. SCOTUS must, must I say, clear this confusion away. Be nice if it were before the next Presidential Election, or Civil War.
OBTW, The SCOTUS failure to act is a national disgrace and actually a fitting marker for the beginning of the end of the Republic.
I get that a lot. The vast majority of the time, I turn out to be exactly right.
Citizenship in a soverign nation is conferred upon a person based solely on the laws of that nation.
Really? What law created the American citizens? According to Nero Germanicus it appears to have been 8 U.S.C. § 1401, but I sort of think we existed as citizens before that law was created.
There is no natural law entitlement to Citizenship.
It is truly a shame that the Founders descendants have become so disconnected from the principles that created this nation.
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
The Constitution confers upon Congress the right and duty to dictate the qualifications for both Citizenship at the moment of birth and citizenship granted after birth.
The Constitution confers upon Congress the right to NATURALIZE non-natural citizens. Natural Citizens are not created by acts of Congress, but by descent through Existing citizens.
I could make a case for restricting citizenship to those who work or those who own property or those who have served in the military.
All I have to do is get Congress to go along with me. Haha. Seriously, though, those who determine the laws of the land determine citizenship.