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To: New Jersey Realist

Did John McCain qualify as a natural born citizen even though born outside of the United States in the Panama Canal Zone?
Please read federal law 8 USC 1401:
https://www.law.cornell.edu/uscode/text/8/1401

Ted Cruz qualifies under Section G and there are already specific judicial rulings to that effect.
Rogers v Bellei only pertained to someone wh didn’t have residence in the United States under a law that was repealed in 1978.


359 posted on 04/09/2016 11:27:53 AM PDT by Nero Germanicus
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To: Nero Germanicus

What a load of disinformation.

First McCain was born on US controlled territory and subject to US jurisdiction. Cruz was not. 2nd, section G is on citizenship aka naturalizing, not about changing birth status. All it does is makes him a citizen.

By the Hypocritical former birthers for Cruz arguments Prince Hamzah Bin Al Hussein of the Arab Royal Family can become our President since Cruz and him have the same birth situation.

Think about this for a second. Your arguments allow for the ISIS raised child of a raped American missionary in Syria to be our president.

The reason we have such a law was to prevent Britain from retaking America by using the children of loyalists who had one American parent but no loyalty to America to become President and sabotage us, Like Obama has been doing.


362 posted on 04/09/2016 11:39:45 AM PDT by Mechanicos (Trump is for America First. Cruz and the Establishment is for America Last. It's that simple.)
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To: Nero Germanicus
-- Ted Cruz qualifies under Section G and there are already specific judicial rulings to that effect. Rogers v Bellei only pertained to someone wh didn't have residence in the United States under a law that was repealed in 1978. --

Cruz's citizenship comes from the 1952 act, which uses different section numbering (that is, the reference would not be to "1401(g)"). The law that Cruz obtained citizenship under was not repealed, it was amended. The amendments do not affect his citizenship in the first place, nor do they affect his retention of citizenship under 301(b) (the section that Bellei sued on, arguing that 301(b) was unconstitutional), nor would they have any effect on the basic finding that the citizenship solely from an act of congress is a form of naturalization.

If Bellei had met the US residency requirements, he would have kept his citizenship, and there would be no suit. But that hypothetical would not change his citizehip from "naturalized."

365 posted on 04/09/2016 11:51:27 AM PDT by Cboldt
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To: Nero Germanicus

You miss the point entirely. Citizen YES. NBC NO.

If you are born outside the U.S. to citizens or citizen, you must acquire a CRBA which is a form of naturalization and therefore not NBC.

According to the State Department:

7 FAM 1111 INTRODUCTION
(CT:CON-538; 10-24-2014)

a. U.S. citizenship may be acquired either at birth or through naturalization subsequent to birth. U.S. laws governing the acquisition of citizenship at birth embody two legal principles:

(1) Jus soli (the law of the soil) - a rule of common law under which the place of a persons birth determines citizenship. In addition to common law, this principle is embodied in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and nationality statutes.

(2) Jus sanguinis (the law of the bloodline) - a concept of Roman or civil law under which a persons citizenship is determined by the citizenship of one or both parents. This rule, frequently called citizenship by descent or derivative citizenship, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As U.S. laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.

https://fam.state.gov/searchapps/viewer?format=html&query=7%20fam&links=7,FAM&url=/FAM/07FAM/07FAM1110.html#M1111

This clears it up even better:

If you were born in the United States, you do not need to apply to USCIS for any evidence of citizenship. Your birth certificate issued where you were born is proof of your citizenship.

If you were born outside the United States, but one or both of your parents were U.S. citizens when you were born, you may still be a U.S. citizen. This is called citizenship through derivation. There are usually additional specific requirements, and sometimes citizenship can be through a combination of a parent and grandparent. https://www.uscis.gov/sites/default/files/USCIS/Resources/A4en.pdf

Citizenship by statute cannot be considered NBC.

I don’t know what law you are speaking of that has been repealed but Bellei states: “Although those Americans who acquire their citizenship under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word “naturalize” in this way has a considerable constitutional history. Congress is empowered by the Constitution to “establish an uniform Rule of Naturalization,” Art. I, § 8. Anyone acquiring citizenship solely under the exercise of this power is, Constitutionally speaking, a naturalized citizen.”

How can that statement be repealed?


366 posted on 04/09/2016 12:02:49 PM PDT by New Jersey Realist (Home of the Free Because of the Brave)
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