Posted on 12/31/2018 10:12:15 AM PST by SeekAndFind
Tourist babies fall under the rubric of our 14th amendment, which is a constitutional provision for citizenship to children born to parents legally resident. (see Wong Kim Ark vs US, 1898) I think that is a specious understanding, due to the temporary nature of a tourist visa, but nonetheless, it is the currently accepted reality, like birthright citizenship to illegal aliens, which the framers of the 14th amendment specifically stated was never intended. Read the Congressional debates on the matter in 1866. The granting of US citizenship to tourist babies is done by OUR courts, and OUR government, not by the proclamation of a foreign power that has not defeated us in battle or by treaty or conquest.
We seem to be conflating citizenship with Article II, Section one, Clause 5 eligibility to be POTUS. To ignore that rationale is to defeat what I and many others believe is the reason for it’s implementation in the first place, to protect the office of president from undue foreign influence, particularly from a father owing potential allegiance to a foreign sovereignty.
The NBC requirement is about the PRESIDENCY, nothing else. A Supreme court challenge should be focused on determining what definition the framers assigned to that term, for the purpose of presidential constitutional eligibility. Again, the SCOTUS has NEVER ruled directly on this issue, even though their definitions of NBC in other SCOTUS cases runs counter to the provenance of Trump Jr., Harris, Rubio, Obama, Cruz, Hayley, and a host of other candidates.
That is, to me the overriding constitutional issue with regard to the presidency in this current climate. This issue deserves an honest examination from SCOTUS under it’s Article III, Section 2 authority.
Don Jr. was born before Ivanka became a naturalized citizen. She was legally married to Donald Trump though. A lawful resident, but not a citizen.
I do not believe that there is any circumstance wherein you can become an ex post facto (after birth) natural born citizen, under current precedent.
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