[Ha Ha Thats Very Logical]

Positive law doesn't make someone qualify for a natural law status.

What does that have to do with anything? It's simple. You said anyone covered under 8 USC § 1401 had to be an alien first, because the larger 8 USC was titled "Aliens and Nationality."

But 8 USC § 1401 begins, "The following shall be nationals and citizens of the United States at birth."

When is someone who's a "citizen of the United States at birth" ever an alien? In the womb?

[philman_36]

What does that have to do with anything?
Do you even know what positive law and natural law are?
If you did you wouldn't be asking the question.

When is someone who's a "citizen of the United States at birth" ever an alien? In the womb?
Ummm...key words there...at birth.
If that child in the womb is aborted were they ever even a citizen or an alien?

[Seizethecarp]

“When is someone who's a ‘citizen of the United States at birth’ ever an alien?”

Any foreign born child prior to meeting the statutory requirements for retroactive “citizen at birth” status is an alien until processed under the statute.

John McCain was an alien at birth in the Panama Canal Zone. IIRC, within about two years of his birth, Congress passed a law deeming that Panama Canal Zone births to two US citizen parents were retroactively citizens at birth.

The US Senate tried to create the appearance of amending the Constitution with ludicrous nonbinding resolution 501 which declared that McCain was a retroactive Natural Born Citizen as well. I don't believe that McCain had to naturalize to be a US citizen.

IIRC until recently children of US military on foreign bases excluding the Canal Zone had to have naturalization papers filed for them to convert from alien to retroactive statutory US citizen at birth and many were dual citizens until they affirmatively dropped the second citizenship on majority for that country.

Barry's legal team has gone off the deep end in their latest filing in defense of his ballot eligibility in several states including NJ by citing to 9th Circuit case, US v Marguet-Pillado, with Barry's legal team claiming that even if Barry was born in a foreign country with only a biological (unwed) relationship to a US citizen he would still be a natural born citizen.

See my FR thread for the latest legal action:

“Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya (vanity)”

http://www.freerepublic.com/focus/bloggers/2857598/posts?q=1&;page=1#1

BTW, the State Department used to state that SCOTUS had not yet ruled on whether a statutory “natural born citizen” (statutory citizen at birth) was POTUS eligible.