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To: allmendream
But that does not follow that ONLY those born in country of citizen parents are natural born citizens. The very argument you are quoting goes on to EXPAND that definition to those born of citizen parents serving their country overseas.

According to Minor v. Happersett, all others are in doubt, and Chief Justice Morrison Remick Waite goes on to describe them as aliens or foreigners:

Looking at the Constitution itself we find that it was ordained and established by "the people of the United States," and then going further back, we find that these were the people of the several States that had before dissolved the political bands which connected them with Great Britain, and assumed a separate and equal station among the powers of the earth, and that had by Articles of Confederation and Perpetual Union, in which they took the name of "the United States of America," entered into a firm league of friendship with each other for their common defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.

Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen -- a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens. As to this there has never been a doubt. Disputes have arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship if they were.

Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that "no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President," and that Congress shall have power "to establish a uniform rule of naturalization." Thus new citizens may be born or they may be created by naturalization.

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. The words "all children" are certainly as comprehensive, when used in this connection, as "all persons," and if females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the plaintiffs proceeds upon that idea.

Under the power to adopt a uniform system of naturalization Congress, as early as 1790, provided "that any alien, being a free white person," might be admitted as a citizen of the United States, and that the children of such persons so naturalized, dwelling within the United States, being under twenty-one years of age at the time of such naturalization, should also be considered citizens of the United States, and that the children of citizens of the United States that might be born beyond the sea, or out of the limits of the United States, should be considered as natural-born citizens. These provisions thus enacted have, in substance, been retained in all the naturalization laws adopted since. In 1855, however, the last provision was somewhat extended, and all persons theretofore born or thereafter to be born out of the limits of the jurisdiction of the United States, whose fathers were, or should be at the time of their birth, citizens of the United States, were declared to be citizens also.

If you read Chief Justice Waite's language closely, allmendream, you'll see why the Naturalization Act of 1790 was altered to remove the reference to "natural born citizens" in 1795. The result of that alteration is that such individuals born beyond the sea are just "citizens." Congress had violated it's own Constitutionally enumerated power of naturalization, by attempting to legislate natural born citizenship to individuals born overseas. You can't naturalize someone into being a natural born citizen.

63 posted on 04/29/2010 6:51:06 PM PDT by RegulatorCountry
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To: RegulatorCountry
Sorry, but there is no ruling that those who are born U.S. citizens overseas are somehow “born citizens” but not “natural born citizens”. No ruling.

In fact, John McCain, born overseas to a soldier under the allegiance of the US Armed forces, was ruled to be a natural born citizen.

That there were “doubts” that children born of alien parents within the jurisdiction of the USA were natural born citizens does not establish that they are not; in fact in Wong Kim Ark the English law precedent was cited in the determination that he would be a “natural born subject” if subject to English law.

65 posted on 04/30/2010 6:39:49 AM PDT by allmendream (Income is EARNED not distributed. So how could it be re-distributed?)
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To: RegulatorCountry
If you read Chief Justice Waite's language closely, allmendream, you'll see why the Naturalization Act of 1790 was altered to remove the reference to "natural born citizens" in 1795. The result of that alteration is that such individuals born beyond the sea are just "citizens." Congress had violated it's own Constitutionally enumerated power of naturalization, by attempting to legislate natural born citizenship to individuals born overseas. You can't naturalize someone into being a natural born citizen.

Wouldn't this also be true of the 14th amendment?? It makes no a natural born citizen by itself.

73 posted on 04/30/2010 7:07:24 AM PDT by edge919
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