Natural Born Citizens

Library of Congress ^ | 1783 | rustbucket

[philman_36]

The effort to undermine the natural protections of the natural born citizen requirement has been going on for a long time.
And I'll fight that effort at every opportunity I get.

[taxcontrol]

No, the founders were not demanding sole nationality. Otherwise, some other nation could interfere with US Presidential elections by simply granting citizenship to their country.

What the founders were attempting is to define a condition that would show positive allegiance to the United States. Congress could establish a greater set of rules by saying NBC means Citizen parents, born in the US, and resided X years prior to the age of majority is the only condition that qualifies as NBC.

My point is simply this. The Constitution clearly enumerates that Congress has the authority and Congress needs to fix this.

[Bubba Ho-Tep]

Okay, here's a real-life situation: My great-grandfather came here from Italy in 1913 and was naturalized, renouncing his Italian citizenship, in 1943. Between those two dates, my grandfather was born and under Italian law, he was an Italian citizen (as the son of an Italian citizen). He never knew he had it, and thus never renounced it. My mother then inherited citizenship from him, and I from her.

If I go into an Italian consulate with all the paperwork indicating that chain --birth certificates, naturalization papers, marriage certificates, etc.--I can get an Italian passport. Understand, this isn't applying for Italian citizenship. This is proving that I'm already an Italian citizen.

So, here I am, the third generation born on US soil, but Italian law says I'm also an Italian citizen. Am I a natural born citizen?

[philman_36]

It also covers NATIONALITY

Odd how "the country of his nationality" is so often used in USC 8, isn't it.

You can use your "Find" function in the link above to USC 8 to see the multiple usages of that phrase as well.

[morphing libertarian]

Obama’s father was Kenyan, therefore, a british citizen. Are we to believe the founders wanted the son of a brit to be president right after the war and again after the war of 1812?

[taxcontrol]

Sorry, you are incorrect.

The US does not recognize any state law regarding US citizenship. Please review Title 8 section 1401. You will likely notice that under subsection (A) you are a US citizen at birth. That is assuming you were born in the US.

Texas had nothing to do with it.

[Godebert]

"Am I a natural born citizen?"

If you were born in the country to Citizens parents, then yes, you are a natural born Citizen.

[morphing libertarian]

Kamala Harris: No. Both parents were foreign nationals at time of her birth.

[Lurkinanloomin]

Not if you can be claimed by Italy or can claim Italian citizenship.

[taxcontrol]

You can also use the find function for section 1401 - Nationals and citizens of United States at birth

[philman_36]

My point is simply this. The Constitution clearly enumerates that Congress has the authority and Congress needs to fix this.

You misrepresent your point by not stating that Congress' authority applies to ALIENS, or foreigners, and not towards citizens.

[Godebert]

"My point is simply this. The Constitution clearly enumerates that Congress has the authority and Congress needs to fix this.

Incorrect. You would need to pass a Constitutional Amendment to repeal the natural born Citizenship clause in Article II. Not going to happen.

[Bubba Ho-Tep]

So what another country says about who is or is not a citizen is completely irrelevant. Some here don’t agree.

[philman_36]

You can also use the find function for section 1401 - Nationals and citizens of United States at birth
Which is part of USC 8 which pertains to ALIENS as we've already discussed.
Section 1401 GRANTS citizenship.

No comment on me being a State citizen before I'm a US citizen?

[taxcontrol]

Sorry you are incorrect. A uniform rule applies to all.

[taxcontrol]

No one has said a thing about repealing the NBC clause.

[Bubba Ho-Tep]

So then you believe foreign countries can control who or who is not a natural born US citizen no matter how many generations US born they may be.

[taxcontrol]

See post 90

[philman_36]

I’m not an alien so 1401 desn’t apply.

[Godebert]

"No one has said a thing about repealing the NBC clause.

I know, You think you can do an end run around the Constitution by having congress change the definition of natural born Citizen.

NO.