“We thus have an acknowledgment that our law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.”
This Rogers case is about whether a foreign born child with one US citizen parent (the father) is a US citizen at birth. The case ruling has nothing to do with Barry's NBC status, given his claimed birth in HI. If Barry was born in Kenya, this case could possibly apply to Barry's citizenship, but Barry would not be NBC under MvH if born outside the US.
“We thus have an acknowledgment that our law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.”
A further point I would like to thrash out with you is this. A "natural born citizen" is either a "title" or a condition. If it is a "title" then it can be pronounced by an administrative body, (such as Congress or a state legislature) if it is a condition, it is not susceptible to the pronouncements of any legislature.
I argue that it is a condition, not a title. Given that the term is made up of two adjectives modifying the noun "citizen" I would suggest that it is descriptive of a particular kind of citizen, and is therefore a condition, not a title.
An inherent condition cannot be modified by statute. A dog is either born with two legs or it is not. As Lincoln said, "Just because you call a tail a leg, doesn't make it so."
I have a question regarging the entire case. Hopefully someone can explain it to me. Since Obama never appearred in court AND did not comply with the production of a Birth Certificate, how does the court determine he was vorn in Hawaii?
He has never provided a BC to the court hearing this case. Is this court using the Plaintiffs exhibit of the fake BC as evidence? Didn’t lawyers stipulate Obama was born in Hawaii? Can anyone explain how this could happen in a court of law.
The argument that we must produce our BC to get a Drivers Licence or be enrolled in school would now be changed. Can anyone just refer to something they put on their website as proof?
The key is the statement that the US follows “English concepts” with “an acceptance of the jus soli.” Jus soli means “born on the soil” = Natural born.
The claim that Minor v Happersett defines NBC is far more tenuous than the clear statement in Rogers v. Bellei.