Here, I will save everyone the trouble:
1. There is ONLY. I repeat ONLY, two types of "citizenship" status in this country that carry LEGAL weight in this country:
1. U.S. Citizen by BIRTH / "born under the jurisdiction of the United States"
or...
2. U.S. Citizen by NATURALIZATION
There is no "third" category of "CITIZENSHIP" like "Natural Born" citizen. You are either ONE (a U.S. Citizen by Birth) or the OTHER (a U.S. Citizen that has been Naturalized).
You can debate the issue of "Natural Born" under the Constitution all you want (much like how many angels can dance on a pin's head), but if a person was BORN in this country and their parents were not diplomats or other recognized government officials from a foreign country", CURRENTLY, they are legally a U.S. Citizen. It doesn't matter if both parent were here on a vacation from Jupiter, the person born here will be considered a U.S. Citizen under the laws of this country (look it up).
The Obama situation is clearly a "situation" if it can be proven that he was NOT BORN in the USA. If you can't prove that, there is no case! Period. I doesn't matter if his father was from North Korea or Saudi Arabia. If he was born in the USA, he is a U.S. Citizen by Birth!
If Marco Rubio was born in the USA, and his parents were here on vacation, he is "U.S. Citizen by Birth". Period! The guy can run for any office in the land!
U.S. Department of State Foreign Affairs Manual Volume 7 -
Consular Affairs
7 FAM 1131.6 Nature of Citizenship Acquired by Birth Abroad to U.S. Citizen Parents
7 FAM 1131.6-1 Status Generally
(TL:CON-68; 04-01-1998)
Persons born abroad who acquire U.S. citizenship at birth by statute generally have the same rights and are subject to the same obligations as citizens born in the United States who acquire citizenship pursuant to the 14th Amendment to the Constitution. One exception is that they may be subject to citizenship retention requirements.
7 FAM 1131.6-2 Eligibility for Presidency
(TL:CON-68; 04-01-1998)
a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.
b. Section 1, Article II, of the Constitution states, in relevant part that ―No Person except a natural born Citizen...shall be eligible for the Office of President.‖
c. The Constitution does not define "natural born". The ―Act to establish an Uniform Rule of Naturalization‖, enacted March 26, 1790, (1 Stat. 103,104) provided that, ―...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.
d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.
http://www.state.gov/documents/organization/86757.pdf
“People, please do your own research on what the courts and the regulations have established with respect to “U.S. Citizenship”, and don’t take what is undoubtably and clearly SPECULATIVE OPINION that is being bandied about regarding the TERM... “natural born citizen”.”
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Maybe, just maybe, YOU should do some more research. Maybe, just maybe, what YOU are bandying about is the SPECULATIVE OPINION. As to some of us, we would like to see a Supreme Court ruling as to what “natural born citizen” means with respect to the office of the US Presidency. We think we know what it meant to the Founders.
And no, I don’t think you’ll cow us into “just move along, nothing here” mode. You can stay there with your head planted in the sand if you want.
If Marco Rubio was born in the USA, and his parents were here on vacation, he is “U.S. Citizen by Birth”. Period! The guy can run for any office in the land!
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Thank you!
so what does under the jusrisdiction mean? The child of two illegal aliens from North Korea if born in the USA is a US citizen, and eligible to run for the presidency? Do you have any limits? By statute a foundling of unknown parentage found in the US under age 5 (iirc)is a US citizen at birth is that okay too?
You are entitled to you incorrect opinion, but please....answer this......
Why do the qualification requirements for the Presidency include the term "Natural Born Citizen"...... and the other elective offices do not?
I'll give you a clue. It's because the terms "Natural Born Citizen" and "Citizen" are different. If you recall....at the signing of the documents (1787) there were no Naturalized Citizens in residence yet. So right here.....reading the Constitution....we are informed there will be at least a minimum of three types of Citizenship.
Shortly after the ratification of the document.... people from abroad began applying for citizenship. They were then called "Naturalized Citizens" after taking the oath. But folks who were born in this country to these new citizens (prior to them taking the oath) were called "Citizens" only..... as their parents were not citizens at the time of their birth.
[Article II Section I] No person except a "natural born Citizen", or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.
[Article I section II] No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
[Article I Section III] No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
Bobby Jindal, Marco Rubio and Rick Santorum are not "Natural Born Citizens" because their parents were not Citizens at the time of their Births. George Romney (Mitt's father) was born abroad......but to U.S. Citizens living in Mexico who had not repudiated their citizenship.....so Mitt, according to the Naturalization Act of 1790.... is considered a "Natural Born Citizen" as was his father, George.
Here's the pertinent paragraph of the Act:
........And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States
Here is another section of the Naturalization Acts of 1790:
.....And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States.
What does this mean? It means that children (born in this country) of alien parents are not "Natural Born Citizens".....they are just plain old citizens who cannot seek the office of the presidency. They can become Senators and Representatives.....and even Supreme Court Justices......but they gotta stay out of the White House!
That is one definition of citizen.
But the discussion is about eligibility. Not citizenship.