There is no separate citizenship category called “native born” that is distinct from natural born citizen or the modern day term that is in current US law “citizen of the United States at birth.” Since the adoption of the citizenship clause of the 14th Amendment in 1868, there are only two citizenship categories: (1) born citizens and (2) naturalized citizens.
Obama’s attorneys have cited US v. Wong Kim Ark numerous times in defending Obama’s eligibility and they’ve won every time.
The following is from the US government’s brief for the Supreme Court in US v. Wong Kim Ark. The government, which sought to deny Wong Kim Ark citizenship said:
“For the most persuasive reasons we have refused citizenship to Chinese subjects; and yet, as to their offspring, who are just as obnoxious, and to whom the same reasons for exclusion apply -with equal force, we are told that we must accept them as fellow-citizens, and that, too, because of the mere accident of birth. There certainly should be some honor and dignity in American citizenship that would be sacred from the foul and corrupting taint of a debasing alienage. Are Chinese children born in this country to share with the descendants of the patriots of the American Revolution the exalted qualification of being eligible to the Presidency of the nation, conferred by the Constitution in recognition of the importance and dignity of citizenship by birth?”
http://nativeborncitizen.wordpress.com/the-apuzzo-files-2/apuzzo-v-government-apellant-in-us-v-wong-kim-ark/
It is obvious that the appellants thought that they were defending the U.S. against allowing children of foreign born parents from having the status of natural born citizens who were eligible to become president.
They lost.
The U.S. Government disagrees. Here U.S. Citizinship and Immigration Services discusses native-born and natural-born as different types of citizenship status.
The words "shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922", as they appeared in the 1936 and 1940 statutes, are prospective and restore the status of native-born or natural-born citizen (whichever existed prior to the loss) as of the date citizenship was reacquired.
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I'll give you two examples of "Native Born" folks and explain to you why they are "Native Born".
Bobby Jindal, Governor of Louisiana was born in 1971 in Baton Rouge to parents of Indian citizenship. Since his parents were not U.S. citizens at the time..... Bobby is "Native Born" and also had dual citizenship of both the U.S. and India.
Marco Rubio, U.S. Senator from Florida was born ...also in 1971 at Miami, Florida of Cuban parents who were not U.S. citizens at the time. Marco is also "Native Born".
Both of these gentlemen have attained elective positions in our country which are legal under the Constitution. But....they could never attain the office of the presidency as neither are "Natural Born" (to two parents of U.S. Citizenship). The Constitution prevents anyone except "Natural Born" from being the "Commander in Chief"......for obvious reasons that, unfortunately.....too many folks are clueless about.
The following is from the Naturalization Act of 1790:
United States Congress, “An act to establish an uniform Rule of Naturalization” (March 26, 1790).
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed. **********************************************************
In this Act itself we have two type of citizens described....."Naturalized" and "Natural Born" (of two citizen parents). Now......what about folks who have been born in this country to parents who were not U.S. Citizens? Were they just left in Limbo....or are they obviously considered "Native Born"? They weren't mentioned as their citizenship had nothing to do with the Naturalization process.....but the Congress wanted to make sure that children born overseas of "U.S. citizen parents" still had the distinction of "Natural Born". It is possible to be "Natural Born" but not "Native Born". Conversely....you are not necessarily "Natural Born" if you are "Native Born". If you have been "Naturalized....you are neither.
There are three types of citizenship....not two. "Natural Born, Native Born and Naturalized"! The 14th Amendment had nothing to do with the status of "Natural Born" citizen.
The Constitution directly specified 3 types of citizens, at the time of the adoption of the Fourteenth Amendment as those who are “citizens,” those who were citizens at the time of the adoption of the Constitution, and natural born citizens. The architects of the Fourteenth Amendment had two to choose from in granting citizenship under this amendment, they choose just a citizen, and rejected “a natural born citizen.” Barack Hussein Obama, II is both the child of an alien who never had any intention on becoming a naturalized citizen and the child of a citizen minor. If Barack Hussein Obama, II was in fact born in Hawaii, he is a citizen under Jus soli and afforded all rights any citizen has. But he is not a citizen under Jus sanguinis, because we have laws that dictate how Jus sanguinis citizenship can be transferred. If Barack Hussein Obama, II cannot claim citizenship under Jus sanguinis then he is not a natural born citizen.