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To: rustbucket

Jefferson’s notes are NOT the supreme law of the land. Neither are dictionaries or any other material outside of the Constitution. As such they are IRRELEVANT. The supreme law of the land is the Constitution.

Article I Section 8 Clause 4:
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

This is an enumerated and unrestricted power that is delegated to Congress. Neither the President, the Courts, or the States can make rules regarding naturalization. The “uniform rule of naturalization” includes:

Who is and is not a citizen
How a citizen might lose their citizenship
How an alien might become a citizen
Who gets to reside in the US as a non-citizen
and
Who is a natural born citizen.

Congress first exercised this authority in the first acts of congress and in subsequent acts of congress, have amended those rules. HOWEVER, Congress has never specifically stated what is or is not, a Natural Born Citizen. In my opinion, this is a failure of will by Congress and should be addressed.

In the absence of Congress definition, the current legal interpretation is that a person, who by the immutable conditions of their birth, is a citizen at birth and thus requires no naturalization, is a natural born citizen. Agree with it or not, that is the current state of affairs.

This will change only upon two conditions. 1) SCOTUS changes their current interpretation of the 14th amendment. Specificly the “subject to the jurisdiction thereof”, clause.

or

2) Congress is changed to the point that an act is passed that defines NBC.

Both options seem like remote possibilities at this time.


7 posted on 01/23/2019 2:50:24 PM PST by taxcontrol
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To: taxcontrol
"Congress is changed to the point that an act is passed that defines NBC."

Natural born Citizen is defined by Natural Law (The Laws of Nature and Nature's God). No law passed by man can change the laws of nature.

14 posted on 01/23/2019 2:58:37 PM PST by Godebert
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