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To: Frantzie
A SCOTUS decision would have to be based on current practice under the existing laws. There are only three ways you can become a US citizen, jus solis, jus sanguinis, and naturalization. Any child born in the US is a citizen by jus solis. They are considered natural born and can receive a US passport based on documentation showing they were born in the US. We have this anchor baby problem because of those laws.

Persons born in the United States, and persons born on foreign soil to two U.S. parents, are born American citizens and are classified as citizens at birth under 8 USC 1401. They are native born citizens and don't have to go through any naturalization process.

Since there is no clear cut definition of what constitutes a natual born citizen in the Constitution and there have been no SCOTUS decisions that clearly define it, I would assume that common practice and laws would heavily influence any decision. I seriously doubt that SCOTUS would try to change jus solis, i.e., birthright citizenship without any real Constitutional basis to do so. I think it would require a constitutional amendment to change it in much the same way Ireland did it.

66 posted on 11/28/2008 10:42:08 AM PST by kabar
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To: kabar

This was what was largely discussed last night for 2 hours by Leo on Plains Radio. The co-author of teh 14th said it should be 2 American born parents. The framers had issues with the idea of one or two foreign citizens having a baby who might be an “agent” for a foreign country. Specifically at the time - the UK.

They discussed a case, opinion or writing by Stevens on this issue I think with a recent terrorist Gitmo case. Leo and other volunteers are trying to find cases, federalist Papers writings and other things to support this position.

Some fellow called last night and told Leo that it was clear as the nose on your face in which Leo said it was not clear cut.

If you are interested, Plains Radio should have the archive to last night’s show posted. It started at 9 pm with Cort and Leo jumped on about 10 pm and went til Midnight.


78 posted on 11/28/2008 10:56:54 AM PST by Frantzie
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