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

To: Lundy_s Lane II
Do you think that someone can be a Natural Born Citizen and only have 1 parent be a US Citizen?

Duh. People do it all the time. Someone born on US soil to a citizen and a legally resident non-citizen is a citizen by right of birth (aka "natural-born citizen").

211 posted on 10/14/2009 11:02:40 AM PDT by steve-b (Intelligent Design -- "A Wizard Did It")
[ Post Reply | Private Reply | To 210 | View Replies ]


To: steve-b

“Duh. People do it all the time. Someone born on US soil to a citizen and a legally resident non-citizen is a citizen by right of birth (aka “natural-born citizen”).”

******************

IMO, that is not what is meant by Natural Born Citizen. This is the problem. The only use of Natural Born Citizen is to differentiate a requirement for President and Vice President. I think it is clear using Vattel and the example of Chester Arthur that a person with 1 US citizen parent is not a Natural Born Citizen.

There is no “Duh” about this. Eventually the SCOTUS will need to clarify this phrase. But using the term how it was used makes the most sense from a historical perspective. It also makes the most sense if one wants to preserve the Republic and Constitution.


214 posted on 10/14/2009 11:15:41 AM PDT by Lundy_s Lane II
[ Post Reply | Private Reply | To 211 | View Replies ]

To: steve-b
Duh. People do it all the time. Someone born on US soil to a citizen and a legally resident non-citizen is a citizen by right of birth (aka "natural-born citizen").

AKA, an assumption. Never adjudicated. But as far as being a citizen by birth, neither parent need be a US citizen. (Nor, AFAIK, even a legal resident) at least according to several adjudications. Wong Kim Ark, for example, who was the child of two aliens, although lawfully in the country.

BTW, BHO Sr was not a resident, he was a foreign student, a nonresident alien for immigration purposes. He was (probably) legally present in the US, but he was not a resident.

357 posted on 10/14/2009 5:29:10 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 211 | 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