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To: xander; greeneyes
State Department info up until not long ago, maybe a bit more than 20 years, stated that to become president one had to be born on US soil to two US citizen parents. Verified by greeneyes. Someone freepmailed me this, I had seen but forgotten. And the founders did not specify the definitoin of natural born citizen because it was commonly and legally understood.

Minor vs Happersett

In 1875, Chief Justice Morisson Waite wrote the opinion of the court on a unanimous decision, containing the following definition:

...the court observed that “new citizens may be born or they may be created by naturalization” and that the Constitution “does not, in words, say who shall be natural-born citizens.” Under the common law, according to the court, “it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.

1,167 posted on 07/06/2020 9:44:49 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: little jeremiah; xander

WARNING: SLIDE RE CITIZENSHIP”

I just want to clarify and extend my remarks:

LJ wrote:
...the court observed that “new citizens may be born or they may be created by naturalization” and that the Constitution “does not, in words, say who shall be natural-born citizens.” Under the common law, according to the court, “it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
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EXTENSION OF MY REMARKS:

Yes, and it was this case that the court continued on to say: “Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.”

This was a voting-rights question brought to court before the 19th amendment. As Minor was clearly a citizen, it was not necessary to explore citizenship doubts, but the question to consider was:

“The direct question is, therefore, presented whether all citizens are necessarily voters.”
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Also LJ wrote this:
State Department info up until not long ago, maybe a bit more than 20 years, stated that to become president one had to be born on US soil to two US citizen parents. Verified by greeneyes.
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To clarify, I stated that this was what I was taught in citizenship class. I did not examine State Department data of 20 years ago.

I did however, look up the State Department documents in effect during the Obama eligibility debate—and it was not so clearly stated—but it did note that it was uncertain if a child born on foreign soil could be eligible for the presidency(assuming both citizen parents) and noted that no known court case had issued an opinion on that exact question.

I think I may have actually posted a direct quote from that document in one of the threads way back then.

I hope that helps the discussion.


1,412 posted on 07/06/2020 7:30:01 PM PDT by greeneyes ( Moderation In Pursuit of Justice is NO Virtue--LET FREEDOM RING)
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