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To: ydoucare

Welcome to FR! Are you a retread?

I suggest you get off your high horse before you fall flat on your face.
I could care less about your ridiculous straw man arguement that supposes some people agree with your definition of NBC. Just because the issue has not been decided but avoided does not mean they agree with you. If thats your logic, you fail.

Where in the Constitution is citizen mentioned, or defined?
Also the 14th amendment does not clearly give citizenship muchj less Natural Born Citizenship to person born in the US to alien parents.

....What Law Requires Birthright Citizenship? Is automatic birthright citizenship for children of all legal and illegal aliens expressly required by the U.S. Constitution? On its face, the answer is “no.” No language in the Constitution specifically addresses how the children of foreigners must be dealt with in regards to citizenship. The 14th Amendment confers citizenship through “naturalization” or by birth to persons “subject to the jurisdiction” of the United States, but provides no guidance on when an alien is to be regarded as subject to U.S. jurisdiction. The next question, then, is whether any statute enacted by Congress specifically directs the granting of citizenship to children born in the United States to illegal aliens. Again, the answer is “no.” The executive branch’s birthright citizenship policy is not based on any federal regulation. One might say that the practice has become policy without becoming law.

Because the current policy has not been taken through the standard legislative or regulatory processes, it has become official practice without any input from the American public or their elected representatives. A recent survey found that only 33 percent of Americans support the practice of granting automatic citizenship to children born to illegal aliens.22.....

What do we mean by ‘subject to the jurisdiction of the United States?’ Not owing allegiance to anybody else. That is what it means.”44.....

.....

http://www.cis.org/birthright-citizenship


73 posted on 10/22/2011 7:28:50 PM PDT by rolling_stone
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To: rolling_stone
The 14th Amendment uses the jus soli doctrine of citizenship which uses expansive language in it's text. The Congress used expansive language in their definition of natural born citizenship. See 8 U.S.C. 1401. Scotus and all courts since Wong Kim Ark given birthright citizenship to all persons (14th Amendment language) born in the US, who are not children of foreign diplomats.

If you are present on US soil, you are subject to the jurisdiction of the US. Again, well settled and accepted basic law. If it was different, then there are hundreds of thousands of illegally held prisoners in our country. I strongly suggest you read the entire WKA SCOTUS case. It addresses and answers both the birthright citizenship issue and the ‘subject to the jurisdiction’ issue.

The problem that birthers have is that not only does nobody outside of their fantasyland agree with their discredited theory, but the rule of law from the Constitution to SCOTUS caselaw to Federal statute to state law in all 50 states all hold that jus soli citizenship is used in the US. It is also well settled law for over the past century that if you are a citizen at birth, you are a natural born citizen.

74 posted on 10/22/2011 8:45:28 PM PDT by ydoucare
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