Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: coalminersson
In ark the court said he was a native born citizen. In some of the cases you posted they used that term. I conclude the use of native born is to avoid the term NATURAL BORN in ark they state the president should be NATURAL BORN a term they admit is not defined in the constitution.

You are entitled to your personal conclusion, but it is not shared by the United States government.

In the real world, someone of alien parentage has been sworn in five times as either President or Vice-President. Haley was born in South Carolina and she is a natural born citizen. Similarly, Chester Arthur (R) (VT, VP and Prez), Barack Obama (D)(HI, Prez twice) and Kamala Harris (D)(CA, VP) were born in the United States to foreign parents. Each was a natural born citizen and held office.

Wong Kim Ark at 169 U.S. 662-63:

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said: "All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . . We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution."

https://fam.state.gov/fam/08fam/08fam030101.html

8 FAM 301.1

ACQUISITION BY BIRTH IN THE UNITED STATES
(CT:CITZ-50; 01-21-2021)

(Office of Origin: CA/PPT/S/A)

8 FAM 301.1-1 INTRODUCTION
(CT:CITZ-50; 01-21-2021)

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 person's 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; and

(2) Jus sanguinis (the law of the bloodline) - a concept of Roman or civil law under which a person's 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.

[...]

(2) The Court also concluded that: "The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States." Pursuant to this ruling:

(a) Acquisition of U.S. citizenship generally is not affected by the fact that the parents may be in the United States temporarily or illegally; and that; and

(b) A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child's parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States.


102 posted on 12/27/2023 11:44:27 AM PST by woodpusher
[ Post Reply | Private Reply | To 94 | View Replies ]


To: woodpusher
You are entitled to your personal conclusion, but it is not shared by the United States government.

You're not serious. LOL! Thanx and what does allegiance mean, not able to be the citizen of another country I suppose. I started my posts with the qualification we need a USSC decision defining NBC and addressing the foreign parents issue. Everything else is non-binding opinion

105 posted on 12/27/2023 12:09:41 PM PST by coalminersson (since )
[ Post Reply | Private Reply | To 102 | View Replies ]

To: woodpusher

BTW holding office which requires a person be a NBC just means they got away with it.


107 posted on 12/27/2023 12:30:00 PM PST by coalminersson (since )
[ Post Reply | Private Reply | To 102 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson