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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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To: GregoryFul
No, one has to misread what Waite wrote. If he left out the phrase "as citizens," then you might have a point, as that would completely change the meaning of the sentence to what you want it to say:
..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 ... children born within the jurisdiction without reference to the citizenship of their parents.

By saying "as citizens," Waite makes it clear that he's NOT including this class as NBCs. Otherwise, what is the point of mentioning citizen parents or the citizenship of the parents if BOTH can be regarded as NBCs?? Why make any distinction at all??

690 posted on 02/13/2012 11:11:33 PM PST by edge919
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