Posted on 02/05/2016 11:33:35 AM PST by Enlightened1
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: “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.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
•Anyone born inside the United States *
•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
http://www.usconstitution.net/consttop_citi.html
There is nothing vague about natural born!!
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There is nothing vague about the 35 years of age requirement. You are either older than 35. Or your not.
You don’t see hundreds of FR threads and tens of thousand of replies arguing the 35 years old issue.
But there are hundreds and thousands of arguments about the vagueness of what an NBC is.
There are hundreds of suits and even thousands of legal opinions that have been handed down over the years by lawyers, scholars, Constitutionalists and other legal experts.
Some say this - some say that.
But you say there is nothing vague?
That’s nutz!
Cruz is already owned. He is another con man from Harvard Law school! And a not particularity good liar...why he uses his Jesus juice to deceive the willing...
Courts do this too, not saying a court would do any different, and only those who bother to peek behind the curtain are the wiser.
A law degree in not required to know what natural born means.. Cruz and Rubio and the GOP are frauds and liars.
“This flaw”
____
Gasp!
You Heathen. You Communist.
lolol
I agree. The Constitution is flawed with respect to Natural Born Citizenship. I call it vague and unclear. And I’m currently arguing with some who DENY it’s vague and unclear.
In spite of the fact that reasonable minds disagree and have for centuries disagreed on what a NBC is.
“SCOTUS can evade the issue forever if it wants.”
Totally agree. Especially now that we have a true conservative at the bat.
And as far as those purists who will not vote for Ted because they think (opinion) he is not an NBC?
“Welcome to Hell-ary.”
They all know McCain isn't qualified. When they couldn't get a law passed, they settled for a resolution that says, essentially "we declare naturalized to be natural born." Utter nonsense.
The all know Cruz and Rubio aren't qualified.
The people are so stupid, they deserve the screwing they are getting, and then some.
Oh , that’s right.. He gave it up on May 4th. 2014. Your correct. However, I’m a NBC.. I have no choice in that matter. Best thing to have happened to you and I... I’ve given up my ************* citizenship said no US Pres.. Like, ever!
It got MUCH more. Maybe you knew that, but from your post, one would think that only one side of the argument was presented. The election board had both sides of the argument, and literally just “blew off” one side without explanation.
You’ll get no recognition from me. ROTFL. plonk
Let me help a bit. Sir Winston Churchill was born of a 100% American Mother. Happens to have been outside the US to a non US Citizen. Let’s just see how the US Gov’t and Pres. JF Kennedy looked at his situation. Pay attention to the words.
Ladies and gentlemen, Members of the Congress, Members of the Cabinet, His Excellency the British Ambassador, Ambassadors of the Commonwealth, old friends of Sir Winston led by Mr. Baruch, ladies and gentlemen:.
John F. Kennedy
Proclamation Conferring Honorary U.S. Citizenship on Sir Winston Churchill
delivered 9 April 1963, Rose Garden, The White House, Washington, D.C
We gather today at a moment unique in the history of the United States.
This is the first time that the United States Congress has solemnly resolved that the President of the United States shall proclaim an honorary citizenship
***** ***********for the citizen of another country.****************** And in joining me to perform this happy duty, the Congress gives Sir Winston Churchill a distinction shared only with the Marquis de Lafayette.
In proclaiming him an honorary citizen, I only propose a formal recognition of the place he has long since won in the history of freedom and in the affections of my — and now his — fellow countrymen.
Whenever and wherever tyranny threatened, he has always championed liberty. Facing firmly toward the future, he has never forgotten the past. Serving six monarchs of his native Great Britain, he has served all men’s freedom and dignity.
In the dark days and darker nights when England stood alone — and most men, save Englishmen, despaired of England’s life — he mobilized the English language and sent it into battle. The incandescent quality of his words illuminated the courage of his countrymen.
Indifferent himself to danger, he wept over the sorrows of others. A child of the House of Commons, he became its father. Accustomed to the hardships of battle, he has no distaste for pleasure.
Now his stately ship of life, having weathered the severest storms of a troubled century, is anchored in tranquil waters — proof that courage and faith and zest for freedom are truly indestructible. The record of his triumphant passage will inspire free hearts all over the globe.
By adding his name to our rolls, we mean to honor him; but his acceptance honors us much more. For no statement or proclamation can enrich its name now — the name Sir Winston Churchill is already legend.
“SCOTUS can evade the issue forever if it wants.â€
Here’s a question, If Cruz or Rubio wins the election and is sued by Hillary or the Democratic Party on eligibility issues, do you believe that SCOTUS will hear the case, or defer? In other words, would the court turn it’s back on the democrats?
Good point, thanks. (Ah, where is Mark Levin?)
Were not talking about what you think it means, but what the Framers meant. Because there is no discussion in the historical record by the Framers of how they defined that term, that makes it’s vague.
BTW I have two children born in Berlin, they are ‘Natural Born American Citizens’
Cruz is Canadian meme? It was a fact just a few short months ago.
How many years did Churchill live in the US?
I’d really like to understand this better. I like Ted. Your in a position to give first hand knowledge here. If you could be so kind. Is there anything you could add as to the process, or no need for a process etc. for your children. I truely ask in seek of a better understanding. To be up front. Like to see Trump declare 4 years. VP Ted take over after.
The last part of what you posted is not in that guide, it’s only your opinion. Please show me in US law where a that distinction it made about Natural Born
Not the point. US Mom.. 100% same as Ted. Oh, I like Ted... Just want this settled. Love to see him as VP. It would be a done deal...
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