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To: philman_36; William Tell; New Jersey Realist

Every court that has looked at the issue agrees with me. Every member of Congress and all 50 states agree with me.

And the USA has never followed Vattel’s theory of citizenship by parentage. In the US, unlike Vattel’s Switzerland, citizenship is based on birth location.

That is how it worked in the colonies, and they continued to follow that rule without change. As the Supreme Court ruled:

“It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.”

Notice: THE SAME RULE. In the colonies, and it “continued to prevail under the Constitution as originally established”...

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html


103 posted on 04/27/2012 8:13:43 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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To: Mr Rogers

Yes, this “rule” was “in effect” for children born of loyal subjects who were thus born British subjects. The Treaty of 1783, however, separated out those who stayed subjects and those who became citizens of the U.S. by the adherence of the parents to whichever side they swore their allegiance. If this “rule” applied to all persons becoming citizens in the U.S., then there would have been no need for the 14th amendment. Second, the “rule” contains a provision ... “aliens, while residing in the dominions possessed by the Crown of England” ... the Ark court construes this to mean permanent residence in order to satisfy the subject clause of the 14th amendment. But that’s ONLY to qualify for citizenship by birth. The court clearly and decisively said the 14th amendment does NOT define natural-born citizenship. Under both types of birth citizenship, Obama is EXCLUDED, and that’s IF he could actually legally prove he was born in the U.S., which up through today, the Kenyan coward refuses to do.


104 posted on 04/27/2012 10:10:45 PM PDT by edge919
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To: Mr Rogers
As the Supreme Court ruled...
You've just proven that you are the one who doesn't know dicta from a ruling.
105 posted on 04/27/2012 11:21:44 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Mr Rogers; All

I think you have put this issue to rest. THANK YOU!


107 posted on 04/28/2012 5:14:45 AM PDT by New Jersey Realist (America: home of the free because of the brave)
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