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To: Black Birch

Being born on a military base doesn’t constitute U.S. soil, either. Unfair as it sounds, children born abroad, even to U.S. citizen parents serving in the military, are not natural born.

There have been numerous bills put forth for Constitutional Amendment to “make” such children born abroad eligible for the Presidency, but none have been ratified. The most recent was in 2004, sponsored by former Senator Nickles (R-OK) and co-sponsored by Senators Inhofe (R-OK) and Landrieu (D-LA), known as the “Natural Born Citizen Act.”

There are problems with such a scheme, admirable though the sentiment might be. Persons born abroad may be subject to claims of citizenship at birth by the country in which they were born, under jus soli.

Such claims upon a President could severely complicate international dealings in the capacity of President, and as Commander In Chief of the military. Outside of the United States, such individuals are subject to the laws of countries with which they possess citizenship. This would be untenable for any President, who certainly does not only deal with domestic matters, and does not remain solely in the United States for the duration of his or her term of office.


27 posted on 09/29/2009 6:16:45 AM PDT by RegulatorCountry
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To: RegulatorCountry

And I have the certificate of naturalization to prove it..


64 posted on 09/29/2009 8:53:03 AM PDT by Patrsup (To stubborn to change now)
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To: RegulatorCountry
Being born on a military base doesn’t constitute U.S. soil, either. Unfair as it sounds, children born abroad, even to U.S. citizen parents serving in the military, are not natural born.

I am pretty sure your right. Had my hopes up after McCain ran. There is a special exemption for Panama where he was born..

86 posted on 09/29/2009 12:51:39 PM PDT by EVO X
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To: RegulatorCountry
Being born on a military base doesn’t constitute U.S. soil, either. Unfair as it sounds, children born abroad, even to U.S. citizen parents serving in the military, are not natural born.

Actually they may be. If one is using Vattel's rule in "law of nations" for what a natural born citizen is, one should also use the exception for children born in the armies of the state, which also includes the diplomatic service.

Book II

§ 212. Citizens and natives.

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

§ 217. Children born in the armies of the state.

For the same reasons also, children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

So while a military base in a foreign land is not US territory, and a child born of a non-citizen on such a base is not a citizen of the US, children born to parents "in the service of the state" are natural born.

113 posted on 09/29/2009 11:09:23 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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