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

To: Mr Rogers
For this purpose the words “subject,” “inhabitant,” and “citizen” have been used, and the choice between them is sometimes made to depend upon the form of the government. Citizen is now more commonly employed, however, and as it has been considered better suited to the description of one living under a republican government, it was adopted by nearly all of the States upon their separation from Great Britain

Thomas Jefferson, A Bill Declaring Who Shall Be Deemed Citizens of This Commonwealth May 1779

and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed: And all others not being citizens of any the United States of America, shall be deemed aliens

2,713 posted on 10/27/2010 12:13:11 PM PDT by patlin (Ignorance is Bliss for those who choose to wear rose colored glasses)
[ Post Reply | Private Reply | To 2711 | View Replies ]


To: patlin

As Minor recognized, there was debate between those who said a child had to be born of citizen parents to be born a citizen, and those who said the parents did not need to be citizens. Minor didn’t create two classes of citizens by birth, with those who had citizens for parents being NBC, and those with alien parents being native citizens, or just plain citizens. At least as late as Minor (1875), there was debate: those born of citizen parents were certainly citizens, while those born of alien parents may or may not be citizens - it was in dispute.

In 1898, the Supreme Court had to determine the answer: Was a person born of alien parents a citizen by birth, or did he require naturalization (or not) under the authority of Congress? And rightly or wrongly, WKA decided that a child of alien parents WAS born a citizen. And in subsequent decisions, native born and natural born citizens were used interchangeably, because they both concern a citizen by birth. The two categories of citizenship referred to in Minor remain - by birth, or by naturalization.

As I’ve said many times before, I think the dissent in WKA has a better case. But I don’t get a vote. The Supreme Court decided against my position, so now the recognized law in the US since 1898 says a person born in the US of parents in amity - here with the permission of the government - is born a citizen. The father (or mother) doesn’t have to plan to live here forever. The parents of WKA and Elg both left the US and never returned. But if they were here with permission of the government, then while they were here, they were within the jurisdiction of the US and their children were born citizens.

In Obama’s case, it is a bit ridiculous to argue he is an English citizen or a Kenyan, when he has never resided in either country or traveled on their passports or claimed citizenship in them. The problem with Obama isn’t his citizenship, it is that he is a traitor to his country. Like Rev Wright, he hates America and whites. And how anyone could vote for him is something I do not understand.


2,714 posted on 10/27/2010 1:03:57 PM PDT by Mr Rogers (When an ass brays, don't reply)
[ Post Reply | Private Reply | To 2713 | View Replies ]

To: patlin
and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed: And all others not being citizens of any the United States of America, shall be deemed aliens

The Minor case affirms this general principle too (something Rogers won't want to hear).

"Looking at the Constitution itself we find that it was ordained and established by "the people of the United States," [n3] and then going further back, we find that these were the people of the several States that had before dissolved the political bands which connected them with Great Britain ...

"Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen -- a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens. As to this there has never been a doubt. Disputes have arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship if they were.

"Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization."

Citizenship was resevered by those who declared their independence to Britain. The only way to add to that citizenship is birth or naturalization, which implies you had to be born to one of these citizens or naturalized if you were from another country. Thereafter, the children born to naturalized citizens could be born citizens. Rogers already says "Minor did NOT suggest just that a NBC might need citizen parents, but any degree of citizenship might." Therefore it would be impossible to add citizenship by birth to anyone but those born of the original citizens, natural born citizens or naturalized citizens. The bottom line is that to be a citizen by birth PRIOR to the 14th amendment, you needed to be born to citizen parents which is how Minor and WKA both defined natural born citizenship. Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization.

2,720 posted on 10/27/2010 1:33:17 PM PDT by edge919
[ Post Reply | Private Reply | To 2713 | 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