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On the Meaning of “Natural Born Citizen”
Harvard Law Review ^ | MAR 11, 2015 | Neal Katyal & Paul Clement

Posted on 10/20/2018 1:57:10 PM PDT by Jack Black

PDF We have both had the privilege of heading the Office of the Solicitor General during different administrations. We may have different ideas about the ideal candidate in the next presidential election, but we agree on one important principle: voters should be able to choose from all constitutionally eligible candidates, free from spurious arguments that a U.S. citizen at birth is somehow not constitutionally eligible to serve as President simply because he was delivered at a hospital abroad.

The Constitution directly addresses the minimum qualifications necessary to serve as President. In addition to requiring thirty-five years of age and fourteen years of residency, the Constitution limits the presidency to “a natural born Citizen.” 1. U.S. Const. art. II, § 1, cl. 5. 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.

(Excerpt) Read more at harvardlawreview.org ...


TOPICS: Constitution/Conservatism
KEYWORDS: naturalborncitizen; nikkihaley; tulsigabbard
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To: Godebert

Mario Apuzzo failed every time he went to court.

Obama spent 8 years in office. Never lost a court case concerning NBC. IT’S OVER.


121 posted on 10/20/2018 5:29:19 PM PDT by Mr Rogers (Professing themselves to be wise, they became fools)
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To: DiogenesLamp

So, my grandfathers were born in 1893 and 1895 to four subjects of foreign rulers - three to the Emperor of Germany, one to her Brittanic Majesty Victoria Alexandria.

When they were issued draft cards in 1917, the cards had checkboxes for “natural born” or “naturalized”. They were already voting, recognized as citizens by the Board of Elections of the City of New York.

Neither of them were naturalized.

Now - is there anybody here who thinks that my grandfathers were not citizens at birth? If they were not, and they were never naturalized, then what about my parents?


122 posted on 10/20/2018 5:29:33 PM PDT by Jim Noble
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To: Jack Black

Written by people with an interest in opening up eligibility.

Natural born citizen means one is “naturally” a citizen because they cannot be anything else.
If one is born with other nationalities owing to foreign national parents, one is not “naturally” a citizen.

Born here of citizen parents.

Leaves no doubt.


123 posted on 10/20/2018 5:32:54 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Jack Black

Yup you are right. It makes no difference to the average US Citizen. And Nikki Haley will never be President anyway. So, you might want to save everybody headaches and lay off this until it matters. It’s not going to anytime soon. Haley left for a reason, and it was going to wreck her career.


124 posted on 10/20/2018 5:33:26 PM PDT by Vermont Lt
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To: Jack Black

Better article and resource

http://www.art2superpac.com/issues.html


125 posted on 10/20/2018 5:34:11 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: HarleyLady27

“My understanding of ‘natural born citizen’ means that you are born in America to parents who were born in America..”


I was born in 1932-——that would mean that most of my neighbors from those days would not be considered “natural born citizens’,including all of the young men,all born here, who fought in WWII and Korea.

I didn’t serve but my mother was not born in this country.

.

.


126 posted on 10/20/2018 5:35:16 PM PDT by Mears
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To: HarleyLady27
You are correct.... there is so much junk on this thread ........ and it comes from both sides..

Note https://www.govtrack.us/congress/bills/110/sres511/text

110th CONGRESS
2d Session
S. RES. 511

IN THE SENATE OF THE UNITED STATES

April 10, 2008
Mrs. McCaskill (for herself, Mr. Leahy, Mr. Obama, Mr. Coburn, Mrs. Clinton, and Mr. Webb) submitted the following resolution; which was referred to the Committee on the Judiciary

April 24, 2008
Reported by Mr. Leahy, without amendment

April 30, 2008
Considered and agreed to

Like these ‘progressives’ knew that even Lord McCain was NOT eligible to hold the office of President!!!!! Funny thing Hillry got burned big time, because she knew that Obot was NOT eligible to hold the office of US President...

https://hotair.com/archives/2016/01/12/mitch-mcconnell-why-no-the-senate-wont-pass-a-resolution-affirming-cruzs-eligibility-like-it-did-for-mccain/

Mitch McConnell: Why No, The Senate Won’t Pass A Resolution Affirming Cruz’s Eligibility Like It Did For McCain

The courts never ruled on ‘natural born’ US citizenship ... they ruled, the plaintiffs did not have ‘standing’!!!

127 posted on 10/20/2018 5:39:01 PM PDT by Just mythoughts
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To: Jack Black

Bkmk


128 posted on 10/20/2018 5:39:49 PM PDT by originalbuckeye ('In a time of universal deceit, telling the truth is a revolutionary act'- George Orwell)
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To: Mears

my father was born in WV of sicilian parents. served in Europe WWII shy didn’t they just say “citizen” in the constitution


129 posted on 10/20/2018 5:40:41 PM PDT by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: morphing libertarian

My neighborhood was mostly Italian and Irish immigrants with a good amount of Armenians.

Lot of veterans came out of that neighborhood,of course.

.


130 posted on 10/20/2018 5:44:01 PM PDT by Mears
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To: Mears

If you asked my dad to be president, he would have kicked your a— He hated politicians and DC


131 posted on 10/20/2018 5:46:40 PM PDT by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: Jim Noble

Were your grandfathers born on US soil? And were their parents US citizens at the time of their birth on US soil?

It is NOT complicated... US citizen parents birthing their child ON US soil. ‘We the people’ are government. Draft cards do not make a ‘natural born’ US citizen... US citizen parents, birthing their child on US soil is the ‘creator’ of ‘natural born’ US citizen.


132 posted on 10/20/2018 5:47:40 PM PDT by Just mythoughts
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To: morphing libertarian

Smart Dad——you were lucky,I lost mine when I was 5 years old.

.


133 posted on 10/20/2018 5:49:36 PM PDT by Mears
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To: Jack Black

Thanks for posting this.


134 posted on 10/20/2018 5:54:37 PM PDT by FourtySeven (47)
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To: Mears

sorry about your dad.

My dad was shot in France and stayed. I was first year baby boom 1946.


135 posted on 10/20/2018 5:55:04 PM PDT by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: Jack Black

“...how subsequent laws have changed the meaning of the term.”

That’s Constitutional gibberish. The meaning of the words/phrases in the Constitution cannot be changed by any statute or court decision, only by Constitutional Amendment. Were that not the case, amending the Constitution would be unnecessary.


136 posted on 10/20/2018 6:08:24 PM PDT by sourcery (Non Aquiesco: "I do not consent" (Latin))
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To: DoodleDawg

A law stating that children born to foreign nationals are U.S. citizens at birth.

IBTZ


137 posted on 10/20/2018 6:14:59 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
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To: morphing libertarian

“In many ways the constitution has become irrelevant.”

Yes, and if you haven’t noticed I’m sick to death of this lawlessness. ;)


138 posted on 10/20/2018 6:16:49 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
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To: Electric Graffiti

me too even republicans don’t care, not in congress


139 posted on 10/20/2018 6:19:11 PM PDT by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: Just mythoughts

My grandparents were born in New York and Connecticut to foreign nationals. They voted religiously. My grandfathers served in the Army and the Navy, to fight Kaiser Bill and to help King George V, much to the distress of their German and Irish mothers. My maternal grandmother taught in NYC public schools for 55 years, at a time when being a US citizen was a requirement.

On my grandfather’s draft cards, they chose “natural born” because, of course, they were never naturalized, just like millions and millions of other US-born children of foreign nationals.

Now, are you saying that, because my grandparents were never naturalized that they were not US citizens? If so, then my parents, born in 1923 and 1924, were born on US soil to foreign nationals and THEY wouldn’t be citizens either?

So, if my parents were not US citizens by your rationale, then I’m not one either?

Or are you saying that the Selective Service System in 1917 was wrong to classify all registrants as “natural born” or “naturalized”?

Do you accept that all four of my grandparents, born to subjects of the Kaiser or Queen Victoria, became US citizens as soon as they drew their first breath? If they didn’t, and they were never naturalized, how then did the become citizens?


140 posted on 10/20/2018 6:25:06 PM PDT by Jim Noble
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