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To: AuH2ORepublican

So Marco Rubio and Bobby Jindal are natural-born citizens eligible to become president, as is John McCain.
++++++++++++++
And, if your well reasoned and well documented argument is correct then millions of anchor babies are also elgible to be President even if they were raised from shortly after birth in another country.

That doesn’t sound like what the Founding Fathers were after.

It also seems curious that they would use different terms for what appear to be identical citizenship requirements as qualification for the Presidency and for Congress.


92 posted on 10/20/2011 9:44:23 AM PDT by InterceptPoint
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To: InterceptPoint

A child born in the U.S. to illegal aliens (called an “anchor baby” because, once the child is 18, he or she can bring his parents into the U.S. legally) is indeed a U.S. citizen at birth under current law. The fact that an “anchor baby” can be raised outside the U.S. and still be eligible for the presidency if he returns to America as an adult (so long as he has been a resident of the U.S. for at least 14 years) is but one ridiculous result of the current law that provides birthright citizenship to anyone born in the U.S. even if their parents are illegal aliens. Congress should amend the law so that only the children of citizens or legal permanent residents (not the children of persons with student visas or tourist visas or of those illegally in the country) are U.S. citizens at birth.

Of course, such new law would face a legal challenge, since it would run afoul of the prevailing (though incorrect, IMHO) interpretation of the first sentence of Article I of the 14th Amendment, which provides that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.” I would posit that the children of persons who are not legal permanent residents of the U.S. are not “subject to the jurisdiction” of the U.S., and that Congress could legislate to limit birthright citizenship as I proposed above. But to make it clear that the law does not violate Section 1 of the 14th Amendment, I would have Congress pass the law pursuant to its power under Section 5 of the 14th Amendment to “enforce, by appropriate legislation, the provisions of” the 14th Amendment. If the law withstands the court challenge, it will finally get rid of just about all of our “anchor baby” problems (going forward, of course, since those born in the U.S. before the law was changed were conferred citizenship upon birth), including the possibility of a child of illegal aliens (or tourists) being eligible for the presidency.


97 posted on 10/20/2011 12:27:19 PM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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