Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: xzins
-- And the constitution gave the area of citizenship to Congress. --

Naturalization, to be precise about it. Your argument depends on rules of naturalization being controlling authority to define natural born citizen.

If I understand your argument, since rules of naturalization is a power of Congress, the definition of "natural born citizen" is also a power of Congress. My point is that under that source of authority, the definition of "natural born citizen" is not fixed. Whatever "natural born citizen" meant 50 years ago is different today (the rules of naturalization as applied to foreign born children of a citizen parent have changed), and can be different again tomorrow. The phrase "natural born citizen" has no independent/constitutional definition, it depends on congress to define it.

Now, whether or not that elevates the congressional enactment to be above the constitution is just argument over the intention of the founders. If the founders intended "natural born citizen" to have a fixed meaning, then giving congress the power to change the meaning would be I submit, elevating congress/statute over the constitution. On the other hand, if you are right, then the founders never intended "natural born citizen" to have a fixed meaning.

517 posted on 10/30/2013 10:42:07 AM PDT by Cboldt
[ Post Reply | Private Reply | To 510 | View Replies ]


To: Cboldt; xzins

What the FF intended was that We the People have the ability to make laws through our elected representatives and to amend our Constitution if we believed it necessary to do so.

The FF intended that the Constitution be the supreme law of the land AND that anything not prohibited by it or directed to a particular federal authority be left to the People to decide. (10th A)


530 posted on 10/30/2013 11:10:02 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 517 | View Replies ]

To: Cboldt

There is no meaning of “natural born citizen” provided by the Constitution.

Therefore, it’s the domain of the Congress, since naturalization is the domain of Congress. To say who must be naturalized you must determine who does not.


544 posted on 10/30/2013 11:39:40 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 517 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson