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To: reaganaut; iowamark
Most of this confusion has to do with whether or not a person was born in the U.S. The Homeland Security website, for example, does a poor job of explaining citizenship in that respect.

Bobby Jindal was born in Baton Rouge, Louisiana. When discussing those born in the U.S. to foreign parents, the case of United States v. Wong Kim Ark, 169 U.S. 649 (1898), applies. In it, the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th amendment of the Constitution if that person is born in the United States, even if he or she has parents that are subjects of a foreign power (as long as they are not in any diplomatic or official capacity of that foreign power), if the parents have permanent domicile and residence in the United States. Therefore, since Jindal was born here to non-diplomat parents who lived here, he is a natural-born citizen.

If we go to whether somebody born outside the U.S. is a citizen (Obama), then citizenship is a matter of the law in effect when the birth occurred. For Obama, that law is the one in effect between 1952 and 1986. Since one of his parents was a U.S. citizen when the person in question was born, the citizen parent lived at least ten years in the United States before the child's birth, and a minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday, Obama really is a natural-born citizen, too.

Sorry, birthers. I wanted to believe, but I did the research. Yes, the traditional law of nations used the father's citizenship, but that assumed legitimate birth - a question in Obama's parentage, to some. However, the Constitution gives Congress power to "establish an uniform Rule of Naturalization" as it did in 1790. Since most of the Framers were still in Congress then, it's absurd to claim that the Naturalization Act of 1790 (or the subsequent 1952 act) might be unconstitutional. Both Obama and Jindal are natural-born citizens, eligible to be President of the United States.

446 posted on 04/09/2010 9:54:37 AM PDT by mrreaganaut (Coolidge for President!)
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To: mrreaganaut

Thank you, counselor. ;)


468 posted on 04/09/2010 11:11:00 AM PDT by reaganaut (Ex-mormon, now Christian - "I once was lost but now am found, was blind but now I see")
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To: mrreaganaut; All

Daniel Hannan’s Message to America (Where is our Daniel Hannan?)

http://www.freerepublic.com/focus/f-news/2489929/posts


473 posted on 04/09/2010 11:27:08 AM PDT by restornu ("Socialism always fails because it eventually runs out of other people's money.")
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To: mrreaganaut
Since one of his parents was a U.S. citizen when the person in question was born, the citizen parent lived at least ten years in the United States before the child's birth, and a minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday, Obama really is a natural-born citizen, too.

Obama's mother was only 18 when he was born. She had not lived anywhere five years after her 14th birthday. Does this make a difference?

490 posted on 04/09/2010 12:23:04 PM PDT by iowamark
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