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To: mbrfl

I start by saying we seriously need a USSC decision on this definition. The court refused 6 cases on Sotero.

I go back to the 1744 definition by Vattel a natural born citizen is born in country by two citizen parents. In other words the child has no option of being a citizen of a second country.

this letter shows the concern of Washington and jay about who should be commander in chief, no foreigner.

https://founders.archives.gov/documents/Washington/04-05-02-0251

Sotero, , Harris, and Haley hd choices when they were born. Example Sotero chosen british citizenship because of his father being a British/Kenyan citizen. In my opinion if you can be a citizen of another country and not exclusively a US citizen you re not natural born to the US. You are simply a US citizen.

I support the children of ambassadors and military serving over seas being natural born. See McCain. But the congress knew there was problem when they passed a resolution so he could run for president.


86 posted on 12/27/2023 9:09:36 AM PST by coalminersson (since )
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To: coalminersson; mbrfl
See McCain.

John McCain, b. 1936, Panama.

https://avalon.law.yale.edu/20th_century/pan001.asp

Hay-Bunau Treaty, 1903

ARTICLE III

The Republic of Panama grants to the United States all the rights, power and authority within the zone mentioned and described in Article II of this agreement and within the limits of all auxiliary lands and waters mentioned and described in said Article II which the United States would possess and exercise if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority.

"would possess … if it were the sovereign" establishes the United States was not the sovereign.

The 14th Amendment applied to all those born within the territory and jurisdiction of the United States. McCain was not born within the territory of the United States.

Act of May 24, 1934; 48 Stat. 797, "To amend; the law relative to citizenship and naturalization, and for other purposes, starts out amending Section 1993 of the citizenship law.

"Sec. 1903. Any child hereafter born out of the limits and jurisdiction of the United States...."

And Congress showed off its intelligence and logic. They reasoned, if you can call it that, that "out of the limits and jurisdiction of the United States" would cover all who were not born "within the territory and jurisdiction of the United States." What they were looking for was "out of the territory or jurisdiction of the United States. They wiffed at the required logic.

McCain was born in no-man's land outside the territory of the United States, but where the United States exercised jurisdiction as if it were the sovereign. He was born within the jurisdiction of the United States and neither fell within the 14th Amendment, nor the statute law. Looks like he was born an alien in Panama because Congress had a misplaced sense of logic.

The screwup was soon brought to the attention of Congress and they wrote a new Act.

Act of August 4, 1937, 50 Stat. 558, "Relating to the citizenship of certain classes of persons born in the Canal Zone or the Republic of Panama.

Be it enacted by the Senate and House o f Representatives of the United States of America in Congress assembled, That any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

SEC. 2. Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, is declared to be a citizen of the United States.

Approved, August 4, 1937.

The 1934 Act was botched. McCain was born in 1936. The Act of 1937 sort of fixed the problem for everyone not running for President. It appears the question is whether one born an alien can become a natural born U.S citizen retroactively.

101 posted on 12/27/2023 11:40:04 AM PST by woodpusher
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To: coalminersson

>>”I start by saying we seriously need a USSC decision on this definition.”

Agreed. And if their ruling were to grant people like Haley, Cruz, etc. (people born in the U.S. from parents who were not both U.S. citizens at the time of birth) natural born citizen status, a constitutional amendment is in order IMO to explicitly reject the concept. Add to that, an amendment requiring members of Congress to be natural born citizens as well, or at least citizens at birth.


114 posted on 12/27/2023 12:58:06 PM PST by mbrfl
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