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To: 4rcane
There is not solid agreement on your point, in legal circles or among conservatives.

For starters, the 14th Amendment must be viewed as, at least, modifying the original intent of our founders, and the original Constitution, and the Court cases up to the time of ratification of the 14th Amendment.

Having said that, the term, “Subject to the jurisdiction thereof” would be important for us to enforce, as, for instance, the child born of two illegals, in the US, is NOT under the “jurisdiction” of the United States as pertains to child custody, for instance. A divorce court in MEXICO would probably have to solve such an issue. So, in my mind, the kid would NOT be a Citizen at BIRTH!

The CONGRESS has the power to determine the Jurisdiction of our courts, in the Citizenship matter, to a point, in the Obama case and in the case of “anchor babies” born to illegals.

Congress HAS changed the rules a few times, as far as citizenship, at birth, for a child born outside the United States to a Citizen parent and non-citizen parent. These rules can be found rather easily if you look at a Passport application, or if you Google “citizen born abroad”.

Put down your wizard hat and your magic wand, there is no “magic” in the words, “Natural Born Citizen” other than this is meant to say that “Naturalized Citizens” or Citizens who were not Citizens at the MOMENT of birth, are not qualified to be President.

If you are a citizen? Well you are either Natural Born or Naturalized. This is the ONLY point, today, the only possible meaning of the words.

If Obama was born on US soil, or on a US ship or US plane or US territory, for that matter, Obama would be a NATURAL BORN CITIZEN!

If Obama was not born under the jurisdiction of the United States? Well, Stanley Ann was not old enough to confer automatic citizenship.

Argue with me all you want, but this is what our Country, and our Courts, and our elected leaders will probably decide.

No reference in the law, which predates the 14th Amendment, is really very helpful in this matter.

49 posted on 04/30/2011 9:22:31 PM PDT by Kansas58
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To: Kansas58
No. No where does the 14th amendment speak to natural born citizenship. The 14th Amendment only speaks to mere citizenship and the founders of the Constitution made it clear those two designations are to be distinct. The only citizen that can become president is one who was a citizen at the time of the adoption of the Constitution. Since no one alive today can fulfill that requirement, only natural born citizens may become president now.

Even liberal Wikipedia got it more right than you:

"Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as President of the United States:

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
The grandfather provision of the "natural born Citizen" clause provided an exception to the "natural born" requirement for those persons who were citizens at the time of the adoption of the Constitution. (The first several Presidents prior to Martin van Buren, as well as potential Presidential candidates, were born as British subjects in British America before the American Revolution and this grandfather clause would cover them.)[1]

Additionally, the Twelfth Amendment states that: "[N]o person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." The Fourteenth Amendment does not use the phrase "natural born citizen". It does provide 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." [emphasis mine]

The constitutional requirement of a natural born citizen president has never been superseded by any other amendment or law.

99 posted on 04/30/2011 10:20:17 PM PDT by Waryone (RINOs, Elites, and Socialists - on the endangered list, soon to become extinct.)
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To: Kansas58
“For starters, the 14th Amendment”

STOP RIGHT THERE.

You show me where in the 14th amendment the phrase “NATURAL BORN CITIZEN” appears?

Oh...... It DOESN'T??????? Move along, nothing to see here in that post.

109 posted on 04/30/2011 10:29:31 PM PDT by faucetman (Just the facts ma'am, just the facts)
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To: Kansas58

http://www.freerepublic.com/tag/by:rxsid/index?brevity=full;tab=comments


110 posted on 04/30/2011 10:30:59 PM PDT by abigailsmybaby ("To understan' the livin', you gotta commune wit' da dead." Minerva)
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To: Kansas58

“the kid would NOT be a Citizen at BIRTH!”

Citizen at birth is not Natural Born Citizen.

To be a citizen of the United States there are TWO ways.

1. Citizen by birth

2. Citizen by statute

To qualify for PRESIDENT, you must be a Citizen by birth, with two parents who were citizens when you were born.


115 posted on 04/30/2011 10:35:04 PM PDT by faucetman (Just the facts ma'am, just the facts)
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To: Kansas58

“there is no “magic” in the words, “Natural Born Citizen”

That’s it. You are a MAROON! You don’t know WHAT THE HELL YOU ARE TALKING ABOUT.

There is MAGIC in those three words. It’s called the Constitution of the United States.

I hope no one pays attention to your post as it is disinformation at best, out right LIES at worst.

You sir, are TOTAL IGNORANCE ON DISPLAY


121 posted on 04/30/2011 10:41:01 PM PDT by faucetman (Just the facts ma'am, just the facts)
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To: Kansas58
“If Obama was born on US soil, or on a US ship or US plane or US territory, for that matter, Obama would be a NATURAL BORN CITIZEN!”

I'm not doing your research for you, but being born on a U.S. Ship or plane doesn't give you ANY KIND of citizenship. You probably think being born in a U.S. embassy abroad make you a citizen. SORRY.

128 posted on 04/30/2011 10:44:37 PM PDT by faucetman (Just the facts ma'am, just the facts)
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To: Kansas58

I take it that the 14th amendment was an adjunct to the original adopted Constitution. As such the adopted Constitution still stands on it’s own root. I also believe that ‘natural born’ is distinct from other class of citizen noted in the Constitution and such as ‘native’ born or naturalized. My reading of the discussions of the Founding Fathers in considering and adopting wording for the Constitution is that they intended to set a rock bottom requirement for POTUSA which would not be subverted by any other class. The Arthur case and Obama’s case shows how best laid plans and words of good men sometimes fall to evil persons coniving.


169 posted on 04/30/2011 11:12:14 PM PDT by noinfringers2
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To: Kansas58
If Obama was born on US soil, or on a US ship or US plane or US territory, for that matter, Obama would be a NATURAL BORN CITIZEN!

This is incorrect IMHO.

Firstly we have Senate Resolution 511, sponsored by Obama and voted for by Obama of all people (LMAO)...

We also have a SCOTUS decision;

Minor v. Happersett (1874)

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.

I'm sure you recognize citizens as being in the plural.

OBAMA IS NOT NATURAL BORN ACCORDING TO ALL EVIDENCE PRESENTED THUS FAR.

I'd refer everyone to read this thread for your edification;

CNN via BREAKING on Drudge: White House releases Obama birth certificate
219 posted on 05/01/2011 12:15:26 AM PDT by Khepri (Change -- How's that working for yah?)
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