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To: GregoryFul

The Minor NBC definition was exclusive: “as distinguished from foreigners or aliens.” Waite continued to explain how foreigners or aliens could become citizens. He reviewed every combination of parents and place of birth from which one could become a citizen. The only circumstances which were characterized as “natural-born citizens” were those involving citizen parents. What would be the point of applying the characterization to only one set of cirumstances if it could be used for others??


685 posted on 02/13/2012 7:39:50 AM PST by edge919
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To: edge919
From the Minor USSC opinion:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [p168] parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

So it is in doubt whether children born within the jurisdiction of the US to alien parents are citizens, but the use of citizens and natural-born citizens is ambiguous. Since the paragraph seems to be defining NBCs, one could take that it is in doubt as to whether this class is NBC as well.

Like I said, it is stupid that NBC is not clearly defined, it is high time for a stated qualification for president of the US to be clearly defined - don't you agree?

689 posted on 02/13/2012 6:56:06 PM PST by GregoryFul (We all live in an Idiocracy, an Idiocracy, an Idiocracy...)
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