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To: GeaugaRepublican

So your saying that children born to Military overseas don’t have a birthright?


3,478 posted on 01/14/2016 8:48:13 PM PST by Dstorm (Cruz 2016)
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To: Dstorm
-- So your saying that children born to Military overseas don't have a birthright? --

That's the "simple" default on a read of the constitution. The founders didn't anticipate the US being the world's police force.

I haven't studied the details, not sure if I can make a simple explanation, but US citizenship follows state citizenship. What is your state of residence? Where are you domiciled? Those questions matter. Also, any claim the host country has. Most host countries don't grant citizenship to children of parents who aren't "permanent residents," and law of nations abhors a stateless birth.

It would take a court case to sort it out - hasn't been important because nobody born in that spot has run for pres. They are citizens, no doubt. Much more complicated than the Cruz case, which resolves straight out of principles well-expressed in Rogers. V. Bellei.

3,592 posted on 01/14/2016 9:03:46 PM PST by Cboldt
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To: Dstorm

They have birthright citizenship. That is a certainty. But not born on US soil..here are the best articles on that. One was from 2005 and the other is more recent.

Boston Law Review
“Natural Born in the U.S.A.: The Striking Unfairness and Dangerous Ambiguity of the Constitution’s Presidential Qualifications Clause and Why We Need to Fix It” http://scholarship.law.edu/cgi/viewcontent.cgi?article=1129&context=scholar

Catholic Law Review
The Natural Born Citizen Clause as Originally Understood
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2444766


3,661 posted on 01/14/2016 9:16:29 PM PST by GeaugaRepublican (Angry yes, mad, no.)
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To: Dstorm

They have birthright citizenship. That is a certainty. But not born on US soil..here are the best articles on that. One was from 2005 and the other is more recent.

Boston Law Review
“Natural Born in the U.S.A.: The Striking Unfairness and Dangerous Ambiguity of the Constitution’s Presidential Qualifications Clause and Why We Need to Fix It” http://scholarship.law.edu/cgi/viewcontent.cgi?article=1129&context=scholar

Catholic Law Review
The Natural Born Citizen Clause as Originally Understood
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2444766


3,663 posted on 01/14/2016 9:16:34 PM PST by GeaugaRepublican (Angry yes, mad, no.)
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