Posted on 11/23/2008 8:06:10 PM PST by fightinJAG
[snip]
Rep. Bingham [] said it means “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” This national law does not endow upon any person allegiance through birth alone as was the custom under the old English common law practice but only recognizes citizenship of those born to parents who do not owe allegiance to another nation. In other words, national law prevented the creation of conflicting dual citizenships between other nation’s citizens.
[snip]
What better way to protect the office of the Executive from foreign influence then to require the President to have inherited his American citizenship through his American father and not through a foreign father. Any child can be born anywhere in the country and removed by their father to be raised under foreign influences in another country. The risks would be for the child the return in later life to reside in this country bringing with him foreign influences and intrigues.
Therefore, we can say with confidence that a natural-born citizen of the United States means those persons born whose father the United States already has an established jurisdiction over, i.e., born to father’s who are themselves citizens of the United States. A person who had been born under a double allegiance cannot be said to be a natural-born citizen of the United States because such status is not recognized (only in fiction of law). A child born to an American mother and alien father could be said to be a citizen of the United States by some affirmative act of law but never entitled to be a natural-born citizen because through laws of nature the child inherits the condition of their father.
(Excerpt) Read more at federalistblog.us ...
Lord forbid an American baby might be raised in Canada ~
Yup, and that’s what we’ve all been saying for the past two years. Finally someone listens.
Petitioner's mother is a native-born citizen of the United States, and his father is an Italian citizen who has never been naturalized. They were married in the United States, and their marital relationship has never been terminated. Petitioner was born in Italy in 1906, while his parents were residing there temporarily, and his mother brought him to the United States later in the same year. He has since resided continuously in the United States, and has never been naturalized.
Held: Petitioner is not a citizen of the United States. Pp. 366 U. S. 309-315.
simple and excellent point
At this point, it’s important for the Supreme Court to take the Donofrio case and settle this area of the law once and for all.
There is at least enough there to state a prima facie cause of action and the issue certainly is ripe.
Whether or not Obama is found eligible in the end (and it’s still a mystery why he hasn’t put this all to rest-—he certainly could have had his birth certificate examined in chambers (not public) if he requested), the Supreme Court needs to take this opportunity to define “natural born citizen,” point out if new laws are appropriate to clarify or close loopholes, and also hold dumb NJ-type SOS’ feet to the fire.
it sure gives the word “illegal” another meaning:
“the illegal in the white house”
“the illegal president”
...
It’s interesting that runner-up Hillary is being touted for SOS. If SomeOne is disqualified, and Biden and Pelosi stepped aside, the Queen would then ascend to the throne.
I think you misunderstand the point of my comment.
I’m saying there is a lot of focus on where Obama was born as that fact pertains to his citizenship.
However, the Federalist has developed an argument that says it doesn’t matter WHERE Obama was born, he could never be a “natural born citizen” because his father was not an American citizen.
IOW, if that argument were accepted by the Supreme Court, it wouldn’t make a difference whether Obama was born in Hawaii or in Kenya. He would still not be a “natural born citizen.”
While the early laws specified gender of the parent (father) through whom a child receives citizenship that was changed over time to be gender free. At the time of 0's birth either parent might be the one through whom the child acquires citizenship at birth. Only a combination of location of birth (Kenya, or at least, outside the US and its territories), residency requirements on the citizen parent (Obama's Mama, who failed to meet them), and alien status of the other parent (BHO Sr.) will effectively disqualify 0, based on the 1952 statute.
he is NOT a citizen of this country. He is ineligible to run for president, and the DNC is covering it up. His grandmother said she was present at his birth in Kenya.
He was then taken by his mother and step father to Indonesia and adopted by that stepfather put in Muslim school and later flew to Pakistan which at that time, AMERICANS WERE NOT ALLOWED TO ENTER THE COUNTRY.
OBAMA IS A FRAUD.
It’s impossible to think about all this without seeing the ‘Toons somehow in the mix.
However, President Biden and Vice President Pelosi would never step aside (voluntarily). But since Biden isn’t in the best of health, who knows, may end up with President Pelosi. THEN, uh-huh, I could really see Hillary swooping in for the take-over.
Can you imagine Vice President Pelosi?
These threads have been very interesting. I was born in the US at a time when my parents were here as legal residents (green card). They were eligible for naturalization the following year, and have been naturalized citizens ever since. Until reading these threads, it would never have occurred to me that I might be ineligible to serve as President, but perhaps I wouldn’t be considered a natural-born citizen either. Until now, I never realized there was a distinction drawn in these matters.
I thought pyx got it, and was just saying if we ignore the part of the Constitution that stipulates eligibility, what goes next? Free speech? Guns?
Actually, Hillary is 4th in line...Robert Byrd as President Pro Tempore is 3rd...imagine the Irony of that...magritte
I can't imagine anything Pelosi!
This is what needs to be sorted out by the Supreme Court. That and many, many other issues surrounding this controversy.
We have never had a candidate with a controverted citizenship status actually win the presidential election. So that makes it especially imperative for the Supreme Court to take this case NOW and get the law settled, regardless of how it turns out for Obama.
Also just to point out: your comments go to attaining citizenship. That (at least it is argued) is something different from being a “natural born citizen.”
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