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To: GQuagmire

Under current interpretation of US law, if he is born on US soil, he is a natural born citizen. If he is born on non-US soil to at least 1 US citizen at the time of his birth, he is a natural born citizen.

Background -
The Constitution specificly enumerates Congress with the power to set the rules of naturalization. That includes who requires naturalization as well as those that do not.

The current code (will) of Congress is expressed in USC title 8 section 1401 (https://www.law.cornell.edu/uscode/text/8/1401)

Others on this forum express other opinions. I try to avoid opinion and point to specific law.


17 posted on 03/09/2021 7:42:17 AM PST by taxcontrol (You are entitled to your opinion, no matter how wrong it is.)
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To: taxcontrol
Your analysis and reference does not address "Natural" born citizenship.....only citizenship. These are two different things.

This is why the Constitution specifies a different qualification for those seeking the presidency:

Article II; Section I, U.S.Constitution: (Paragraph 5) No person except a natural born Citizen,or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

All other Federal offices did not have this requirement..only the Presidency. That was because the Framers did not want someone whose parents had not been citizens leading this country in a time of war...... particularly against the Nation of whom the parents had been citizens. This would have been a major stumbling block so they wrote into the Constitution that phrase.... knowing that eventually there would be ample candidates whose parents had never been citizens of another Nation.

Many early seekers to the Presidency had at one earlier time been British Subjects, and this phrase allowed them to qualify early on. But eventually..... as time passed.... there were no more folks old enough to at one time have been British subjects.

The Presidency is the only Federal office with this requirement. You can be a Senator, a Representative, a Governor and even a Supreme Court Justice with Parents who had been (or are) foreign Nationals......but not the Presidency.

The Congress does not have the power to change Constitutional law by legislation.....only by convention.

74 posted on 03/09/2021 10:37:42 AM PST by Diego1618 (Put "Donald" on the Rock!)
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To: taxcontrol
Under current interpretation of US law, if he is born on US soil, he is a natural born citizen.

He is a citizen by virtue of the 14th amendment which *GRANTS* him citizenship. Natural born citizens do not require the 14th amendment to make them citizens, so therefore a 14th amendment citizen cannot be a natural citizen.

If he is born on non-US soil to at least 1 US citizen at the time of his birth, he is a natural born citizen.

Absolutely incorrect. The Supreme court itself said in Wong Kim Ark that if a child is born outside of the United States, the child can only become a citizen through a naturalization process instituted through congress.

97 posted on 03/09/2021 3:17:49 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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