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To: vadum
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Article 1, Section 2 - delineating the requirements for a person to become a member of the House of Representatives [emphasis added].

No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Article 1, Section 3 - delineating the requirements for a person to become a member of the Senate [emphasis added].

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.

Article 2, Section 1 - delineating the requirements for a person to become President of the United States [emphasis added].

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The author of this piece is quite clearly NOT able familiar with the most basic of legal principles (i.e. that words in a statute have meaning), and is quite possibly not able to comprehend simple English. As the very words of the Constitution state, there is a DIFFERENT standard for one to become a member of either house of Congress on the one hand, versus that necessary to become a President. Since the main body of the Constitution was written by the same person in 1787, ratified by the Constitutional Convention of 1787 and ratified unanimously by the then-existing states of the Union between 1787 and 1789, it is beyond any question that the differing textual requirements are there for a reason. I would submit that the reason is because the drafters of the Constitution wanted to be as sure as was humanly possible that any future POTUS would be loyal to this country, and ONLY to this country - by dint of not only being a citizen, not only having been a citizen from birth, but by having both of his parents be citizens (i.e. of undivided loyalty) at the time that the future POTUS was born, so that this person would likely never have experienced divided loyalties. Of course, that is just my supposition, and is frankly irrelevant - all that matters is the words, and their meaning at the time.

The meaning of "Natural Born Citizen" at the time that the Constitution was drafted is defined by the Common Law of that era and, as many have pointed out here and elsewhere, that means being born in this country (or under its jurisdiction) to parentS who are citizens at the time of your birth.

I am a NBC, since I was born in NYC to 2 citizen-parents. My children are not, since my wife/their mother was not yet a U.S. citizen - and the fact that she is now a U.S. citizen does not change that fact barring a Constitutional Amendment.

In conclusion, the writer of the article above is "full of shit" (that's a technical legal term roughly translated as "doesn't know WTF he's talking about" or, alternatively, "dead wrong").

80 posted on 04/27/2012 9:49:49 AM PDT by Ancesthntr (Bibi to Odumbo: Its not going to happen.)
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To: Ancesthntr

I agree with your analysis up to the point at which you assert that the parents have to have been citizens at the time of birth of the person in question. As I read the Constitution and the Minor case, one can argue that if the person was born in the US and the parents became US citizens prior to the moment when the citizenship of the child has to be determined, then the child is a natural born citizen: In other words, the status of a child can change from “citizen” to “natural born citizen” after he is born, when his parents become US citizens.

As I wrote elsewhere, I just thought of this analysis and have not seen it elsewhere, and perhaps there is other case law (or something in Vattell or elsewhere) that discredits it, but I don’t find it inconsistent with either the constitution or the Minor case to say that one can become a natural born citizen if (a) he is born in the US and (b) his parents later became US citizens.


98 posted on 04/27/2012 10:09:59 AM PDT by Piranha (If you seek perfection you will end up with Democrats.)
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To: Ancesthntr

by dint of not only being a citizen, not only having been a citizen from birth, but by having both of his parents be citizens (i.e. of undivided loyalty) at the time that the future POTUS was born,


Help me out here, where exactly did you find those words...about the parents be citizens?


135 posted on 04/27/2012 11:50:15 AM PDT by New Jersey Realist (America: home of the free because of the brave)
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