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To: Ben Dover

In the Constitution

Article 1 Section 2 lists requirements to be a Representative. “...and been seven years a citizen of the United States...”

It lists the requirements to be a senator as “...and been nine years a citizen of the Unites States...”

Article II, Section 1 lists requirements to be president — “..no person except a natural born citizen...shall be eligible to the office of president...and been fourteen years a resident within the United States.”

It is obvious that a “citizen” is not necessarily a natural born citizen, and the Naturalization Act of 1790, passed by Congress, directly defines natural born as birth from citizen parents.

Harris is not natural born.


4 posted on 08/12/2020 5:45:39 PM PDT by odawg
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To: odawg
-- the Naturalization Act of 1790, passed by Congress, directly defines natural born as birth from citizen parents. --

It states a legal fiction. It isn't a definition, unless "legal fiction" and "definition" are taken as synonyms.

Couple modern examples. A patent application is considered as received at the USPTO the day it is deposited as US Express mail. It is actually received at the USPTO a day or two later, but it is considered received when it actually hasn't been received. Legal fiction.

A person 26 years old is considered as a child under certain tax statutes. A person is considered a legal adult at age 18 most otherwise. The tax child is a legal fiction.

The 1790 naturalization act uses the "shall be considered as" language. This is not the same as "is."

Some legal fictions are theoretically out of constitution bounds. A 30 year old shall be considered as 35 years old for purposes of eligibility to POTUS, for example, contradicts the constitution. But otherwise, re-aging is a legit legal fiction if Congress feels like it.

23 posted on 08/12/2020 6:08:37 PM PDT by Cboldt
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