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To: Safrguns
We are actually in agreement. The principles of jus sanguinis and jus soli apply to make one a natural-born citizen, and jus sanguinis means the person in question has two citizen parents.
85 posted on 09/15/2009 8:46:47 PM PDT by thecodont
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To: thecodont; All

We are actually in agreement. The principles of jus sanguinis and jus soli apply to make one a natural-born citizen, and jus sanguinis means the person in question has two citizen parents.

***

Agreed ...

This is for those who may not know what the relevant law is ...

I have written about this extensively, but the posts are voluminous with the pertinent citations ...

So, here is the boilerplate version:

1. SCOTUS has ruled that there is NO Common Law in the United States, but has acknowledged that United States Law is at times ambiguous and deficient.

It is at those times, per actual SCOTUS decisions, that it needs to consult English Common Law in order to arrive at a decision.

2. English Common Law (Blackstone) states that children born in England of aliens are, GENERALLY SPEAKING, natural born subjects.

The phrase “generally speaking” STRONGLY implies that there is AT LEAST one situation where the the children ARE NOT natural born subjects. So, we need to investigate further.

3. English Common Law (Blackstone) ALSO states that a natural born subject can owe one loyalty AND ONE LOYALTY ONLY to one king.

But it ALSO states that there are situations where a child born in England of alien parents MAY ALSO owe a loyalty to the alien parents’ king - if that king’s law provided for citizenship of a child born abroad.

Such a child was called a Denizen, which is a dual national. And as such, English Common Law provided that the child enjoy MOST of the rights of natural born subjects EXCEPT HOLDING HIGH OFFICE.

4. The 14th Amendment provides that anyone born on United States soil is a citizen (for the sake of argument, I am saying Obama was born in Hawaii).

HOWEVER:

The British Nationality Act of 1948 declares that a child born of a British citizen while he is abroad IS ALSO a British citizen.

Therefore, such a child is a dual national AND, per English Common Law, is a dual national - NOT a natural born subject.


So, a natural born citizen, in the eyes of the Founding Fathers, was born BOTH jus soli (on U.S. soil) AND jus sanguinis (of two U.S. citizens).

The Founding Fathers DID NOT include an explanation in the Constitution because it was a universally known truth at the time.

If they had INTENDED to change the definition of natural born citizen, they would have included appropriate language in the document to note the change.


121 posted on 09/15/2009 9:39:30 PM PDT by Lmo56
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To: thecodont

>>> We are actually in agreement. The principles of jus sanguinis and jus soli apply to make one a natural-born citizen, and jus sanguinis means the person in question has two citizen parents.<<<

Cool... as long as it means he’s ineligible.


154 posted on 09/15/2009 11:18:27 PM PDT by Safrguns
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