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To: jamese777
dear jameseeee, why is it that to this day, according to US codified law, ALL immigrants must take an oath renouncing ANY & ALL allegiances to foreign states/nations/kings/rulers, renounce ANY & ALL titles of nobility and swear to a COMPLETE allegiance to the United Sates of America? This is the definition of US citizen and it does not apply to children born to aliens who owe allegiance to a foreign state/nation at the moment of birth,

PERKINS v ELG (1939)

Elg was held to be a “NATURAL BORN CITIZEN” because at the time of her birth, BOTH her parents were naturalized US citizens. WKA was held to be a “CITIZEN” because there was a corrupt judge who used ENGLISH law instead of 100 years of US law.

ELK v WILKINS (1874) in which Gray wrote in the deciding opinion that “subject to the jurisdiction” meant more than mere local & temporary allegiance to the laws, it meant COMPLETE & UNDIVIDED political allegiance to the nation with ABSOLUTELY NO ATTATCHMENT to any foreign nation.

136 posted on 06/23/2010 10:26:59 AM PDT by patlin (Ignorance is Bliss for those who choose to wear rose colored glasses)
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To: patlin

dear jameseeee, why is it that to this day, according to US codified law, ALL immigrants must take an oath renouncing ANY & ALL allegiances to foreign states/nations/kings/rulers, renounce ANY & ALL titles of nobility and swear to a COMPLETE allegiance to the United Sates of America? This is the definition of US citizen and it does not apply to children born to aliens who owe allegiance to a foreign state/nation at the moment of birth,
PERKINS v ELG (1939)

Elg was held to be a “NATURAL BORN CITIZEN” because at the time of her birth, BOTH her parents were naturalized US citizens. WKA was held to be a “CITIZEN” because there was a corrupt judge who used ENGLISH law instead of 100 years of US law.

ELK v WILKINS (1874) in which Gray wrote in the deciding opinion that “subject to the jurisdiction” meant more than mere local & temporary allegiance to the laws, it meant COMPLETE & UNDIVIDED political allegiance to the nation with ABSOLUTELY NO ATTATCHMENT to any foreign nation.


You’re correct for persons seeking naturalization, meaning they WERE aliens and now seek to become Americans. There is no such oath for persons who are citizens-at-birth.
Parents do not factor in to citizens-at-birth loyalty.

“The Fourteenth Amendment to 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 only two: 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. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.”—US v Wong Kim Ark (1898).

Also from the Court’s decision in “Perkins v Elg:” “Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of twenty-one, and in due time, if the people elect, he can become President of the United States.” [Perkins v Elg, 307 US 325 (1939)]


143 posted on 06/23/2010 10:52:02 AM PDT by jamese777
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