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To: MHGinTN
Source for that assertion please. Can you cite an exact wording for that assertion or are you once again merely spittling your opinion as authoritative?

Flying spittle is your hallmark.

I can cite several passages of the Kim case.

"The Fourteenth Amendment of the Constitution, in the declaration that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization."

"The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. His allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke in Calvin's Case, 7 Rep. 6a, "strong enough to make a natural subject, for if he hath issue here, that issue is a natural-born subject;" and his child, as said by Mr. Binney in his essay before quoted, "if born in the country, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle.""

"The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative."

As well as Perking v. Elg. In the Elg case, the defendant was born in the U.S. of foreign born parents, only one of which was indeitifed as a naturalized U.S. citizen. The court stated: "The cross-petition of Miss Elg, upon which certiorari was granted in No. 455, is addressed to the part of the decree below which dismissed the bill of complaint as against the Secretary of State. The dismissal was upon the ground that the court would not undertake by mandamus to compel the issuance of a passport or control by means of a declaratory judgment the discretion of the Secretary of State. But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg "solely on the ground that she had lost her native born American citizenship." The court below, properly recognizing the existence of an actual controversy with the defendants, declared Miss Elg "to be a natural born citizen of the United States," and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport, but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."

So in this the court also uses the term 'natural born U.S. citizen' to describe someone who does not meet the definition stated by Vattel, and which you all cling to with such intensity. To wit, she was not born in the U.S. of two parents both of who were U.S. citizens when born.

93 posted on 01/08/2009 11:02:50 AM PST by Non-Sequitur
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To: MHGinTN
"The Fourteenth Amendment of the Constitution, in the declaration that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization."

Every once in a while around here, I am reminded of the old adage, "Never teach a pig to sing. It's a waste of time and it annoys the pig."

Since the 14th Amendment "contemplates only two two sources of citizenship" it must have nothing to do with the question at hand. That question has to do with narrowing the class of citizens into some subset of the whole as does the Constitution. (Pea brains take note! We are talking about the supreme law of the land here.)

One might also note that John McCain would, at most, qualify as a naturalized citizen according to the foregoing. Somehow, I think that John McCain should have some class of citizenship superior to my father (who came here when he was 17) but maybe that's just me.

ML/NJ

121 posted on 01/08/2009 2:31:14 PM PST by ml/nj
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