Posted on 01/23/2019 2:21:38 PM PST by rustbucket
A “uniform rule” applies to all, citizen and non-citizen.
Under some conditions a citizen can lose their citizenship (title 8 section 1481) even if they are a NBC, and may wish to re-establish citizenship later. They would need to be naturalized.
The “positive law” or Constitutional law can DEFINE who is not a citizen and requires naturalization AS WELL AS, defining those who are citizens and do not need naturalization.
To take this to an extreme hyperbolic example, Congress could pass an act that says that every person born, regardless of location or parentage, who is born with blue eyes, shall be a natural born citizen of the United States. Because of Article I section 8 clause 4, they would be an NBC.
Meaning the same rights and liberties that a natural born citizen possessed were now possessed by the former alien as well, with the one exception of being elected POTUS.
The 1790 law was written by Congress which had the power to do so under the Constitution, and it was signed by George Washington. It is the closest in time to when the Constitution was written. It was supplanted by later laws. Depends on how originalist one is, I guess.
That is EXACTLY my point. Congress has FAILED to define what is and what is not an NBC. Congress has defined citizenship at birth (title 8 section 1401) but in that code, there is no subsection that identifies NBC. Bad Congress. Needs to find the will to fix.
Sorry, you are incorrect. Congress gets to decide who is and who is not a citizen. One category of that is the condition when a person might lose their citizenship. Congress gets to define those conditions.
Okay, then where in the Constitution is a citizen defined?
Article 1 Section 8 Clause 4
So which ineligible are you a fan of, the Kenyanesian Usurper?
Ted Cruz?
Marco Rubio?
Nikki Haley?
George P. Bush?
They repealed and replaced this law without the natural born citizen language when they realized their error.
Here is the flow
1) Constitution
2) Article 1 Section 8 clause 4 of the Constitution delegates the authority to Congress
3) Congress enacts Acts to exercise their constitutional authority. This can be seen in the first acts of Congress. Subsequent acts have altered the rules.
4) The current rules are codified as Title 8 section 1401 that defines Nationals and Citizens at birth.
https://www.law.cornell.edu/uscode/text/8/1401
If you believe that, you should read Title 8 section 1401 subsection (A)
https://www.law.cornell.edu/uscode/text/8/1401
Define naturalization.
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
St. George Tucker, Blackstone's Commentaries 1:App. 184--85, 254--59; 2:App. 90--103
Do note as well the multiple uses of "alien" within that commentary. You can use the "Find" function to ease you in finding the word's usage.
Which one on your list do you believe is ineligible?
Obama is questionable as there is no evidence to support his claim that he was born in HI, not Kenya. His mother was not old enough to confer citizenship at birth if he was born in Kenya. If he was born in HI, he would be an NBC.
Ted Cruz is an NBC
Marco Rubio is an NBC
Nikki Haley is an NBC
George P. Bush is an NBC
But NOT natural born Citizens. That is defined by natural law. No law of man (positive law) can change natural law.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.
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