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To: Cboldt
My earlier link states my position and clearly:

What types of citizenship are there?
There are two types of citizenship:
1. Citizenship from birth
2. Citizenship through naturalization

U. S. Citizenship and Immigration Services, Dept. of Homeland Security.

Further, Harvard Law Review :

"All the sources routinely used to interpret the Constitution confirm that the phrase "natural born Citizen" has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.

"The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British common law and enactments of the First Congress.

Both confirm that the original meaning of the phrase "natural born Citizen" includes persons born abroad who are citizens from birth based on the citizenship of a parent."

On the Meaning of "Natural Born Citizen" [Cites at the link.]


104 posted on 02/17/2016 3:08:28 PM PST by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: D-fendr
Your new quotes are secondary sources. I was using a primary source of authority, not some interpretation of a primary authority.

--What types of citizenship are there?
There are two types of citizenship:
1. Citizenship from birth
2. Citizenship through naturalization
--

That is exactly what the WKA describes. Exactly.

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or ...

Wong Kim Ark, 169 U. S. 649 (1898)


107 posted on 02/17/2016 3:22:06 PM PST by Cboldt
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To: D-fendr
From your excerpt of the Katyal/Clement article:

And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.

If the touchstone is "citizen-at-birth," these authors have overlooked the statutes that confer US citizenship at birth, regardless of the citizenship of the parents, to persons born in Guam, Puerto Rico, and the Virgin Islands.

Would those persons "naturally" be citizens without an Act of Congress?

Would Cruz be a citizen without an Act of Congress?

Not to say that "Act of Congress" is the touchstone for NBC. Rather, "citizenship that depends on Act of Congress" is the touchstone for naturalization. At least "so says SCOTUS and all the other courts."

115 posted on 02/17/2016 4:00:44 PM PST by Cboldt
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