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National Review Online: The Cruz Birthers
http://www.nationalreview.com/articles/343914/cruz-birthers-eliana-johnson ^

Posted on 03/26/2013 7:02:12 PM PDT by Cold Case Posse Supporter

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To: Larry - Moe and Curly
So, that word “natural” in “natural born” in the Constitution means nothing and was just a typo?

Seriously?

Of course not. It came directly from "natural born subject," which came from natural law derived from the Bible.

Romans 13:1: "Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God."

By the historical English understanding of natural (and divine) law (see Coke in Calvin's Case, 1607), all persons born within a realm were naturally members of that realm. This was the law of nature and of nature's God.

The rare exceptions were children of foreign ambassadors and invading armies, who were clearly subjects of a foreign realm.

So the children even of aliens were natural born subjects. And in America, they became natural born citizens.

Although some have tried very hard to obfuscate the issue, it isn't really rocket science.

141 posted on 03/27/2013 10:08:36 AM PDT by Jeff Winston
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To: Larry - Moe and Curly

That word means the opposite of “NATURALIZED”

Yes, it has a meaning for those who are willing to understand that meaning.

We have TWO forms of Citizenship, “Natural Born” and Naturalized” -— you are either one or the other, period.


142 posted on 03/27/2013 10:12:48 AM PDT by Kansas58
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To: junodog
My sons were born in the US to me and my wife who is a German national and permanent US resident. I find it hard to accept that neither of them is eligible to run for president. Both are over 35 and have never lived on foreign soil. Tell me it isn’t true.

It's not true. No court has ever ruled that someone born in the US was not a natural-born citizen (except for the children of ambassadors etc.). And more than one has ruled that they are. So tell your sons to go for it, if they're interested.

143 posted on 03/27/2013 10:13:05 AM PDT by Ha Ha Thats Very Logical
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To: DiogenesLamp
Written prior to the 14th Amendment, by a guy who does not hold much legal weight, on the matter.
144 posted on 03/27/2013 10:14:10 AM PDT by Kansas58
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To: Jeff Winston

“1. Rawle was a major authority”

Rawle provides no authority for his definition of what is a natural born Citizen. Rawle’s claim to fame in our Supreme Court decisions is on the 2nd Amendment (the right to bear arms), not citizenship.


145 posted on 03/27/2013 10:14:32 AM PDT by Cold Case Posse Supporter
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To: Jeff Winston

“In for a penny, in for a pound. As the English say.”

You’re even quoting common British lingo. Are you even American?


146 posted on 03/27/2013 10:17:49 AM PDT by Cold Case Posse Supporter
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To: DiogenesLamp; All

The “anchor baby” issue can probably be cured by simple majority vote of Congress.

If illegal alien parents split up, would a divorce court or child custody court, in the United States, handle any custody fight, or would the couple be told to go back to their home country to resolve the matter?

Clearly, the child is NOT “subject to the jurisdiction thereof” in that case, huh?

Congress can simply pass a law stating the obvious, that those born on United States soil be fully subject to US Court Jurisdiction, at all levels of government, in order to obtain Citizenship at Birth, and that the children of illegal immigrants obviously do not meet that standard.


147 posted on 03/27/2013 10:19:23 AM PDT by Kansas58
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To: MamaTexan
Wrong.
The 14th Amendment did change things.
148 posted on 03/27/2013 10:22:06 AM PDT by Kansas58
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To: Barkeep99
I am done with the “birther issue”. You don’t like Obama, you should have worked harder to defeat him.

Thanks for dropping by, troll. Like the little "we won, we won" stinger at the end. Nice touch, something Chrissy Tingles or Sid the Squid might do.

Tell your America-hating homeboy to go French Reggie again and then go screw himself. He still isn't a citizen.

149 posted on 03/27/2013 10:30:07 AM PDT by lentulusgracchus
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To: Jeff Winston
By the historical English understanding of natural (and divine) law (see Coke in Calvin's Case, 1607)....

....which diverged from the usages of the Continent, which followed the citizenship of the father.

This is all about the fight people cite Vattel in, about jus solii.

The Framers -- or at least "Publius" -- clarified their frame of reference in The Federalist, which is what we should be repairing to, and to the string of Supreme Court cases such as Minor vs. Happersett referenced above, and Wong Kim Ark, to clear these questions up. Not Vattel, not English common law either, from which we have diverged.

Numbers of PRC types have a strong interest in bringing in foreign-born nationals to help run the United States, for precisely the reasons proscribed by the Framers.

150 posted on 03/27/2013 10:37:19 AM PDT by lentulusgracchus
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To: Kansas58

“The 14th Amendment did change things.”

Not when it came to Article 2 Section 1 Clause 5.


151 posted on 03/27/2013 10:41:11 AM PDT by Cold Case Posse Supporter
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To: Jeff Winston; Ray76; Cold Case Posse Supporter; DiogenesLamp

de Vattel:

“The natives, or natural-born citizens, are those born in the country, of parents who are citizens.”

“[P]arents” and “citizens” is plural so that means two citizen parents to make one natural born citizen.

Judge Samuel Roberts:

“The children of aliens, born within the United States are aliens: they do not acquire citizenship by birth; but remain in the condition of the parents.”

“[A]liens” and “parents” is plural so he is talking about children with two alien parents. What if they had one alien and one citizen parent?

Just kidding or not.


152 posted on 03/27/2013 10:41:57 AM PDT by 4Zoltan
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To: Kansas58
The 14th Amendment did change things.

Wrong. Neither the 14th Amendment nor it's precursor, the Civil Rights Act of 1866 altered the meaning of *natural-born citizen*.

“[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” — John A. Bingham , March 9, 1866 Cong. Globe, 39th, 1st Sess., (1866) [page 1291]

Sorry – the Library of Congress disables active links
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=071/llcg071.db&recNum=332

"Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866.

center column halfway down
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11%20

'Subject to the jurisdiction' and 'born within the allegiance' mean exactly the same thing.

153 posted on 03/27/2013 10:42:31 AM PDT by MamaTexan (Please do not mistake my devotion to fairness as permission to be used as a doormat)
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To: Cold Case Posse Supporter
You’re even quoting common British lingo. Are you even American?

Yes, I'm certainly American.

Born in the United States, of two United States citizen parents. If you must know.

154 posted on 03/27/2013 10:42:47 AM PDT by Jeff Winston
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To: Cold Case Posse Supporter

Am I allowed to watch James Bond movies? Or drive a Toyota?


155 posted on 03/27/2013 10:44:12 AM PDT by Jeff Winston
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To: DiogenesLamp; Jeff Winston; Larry - Moe and Curly
Jeff is arguing for the most liberal possible interpretation of the meaning of "natural born citizen" and one which does nothing whatsoever to prevent that for which Article II was created.

Which means, perforce, that Jeff is working precisely against the Original Intent of the Framers, pro bono unnamed beneficiaries of his reasoning, such as it is.

So .... who are you working for, Jeff? Inquiring minds want to know. You a McCainiac, an international banker, a GOP-E consultant, a Michael Medved staffer, a White House henchboy? A RatRooter and AnkleBiter?

156 posted on 03/27/2013 10:46:41 AM PDT by lentulusgracchus
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To: Cold Case Posse Supporter

Or buy cheap Chinese-made goods from the local Wal-Mart?


157 posted on 03/27/2013 10:47:10 AM PDT by Jeff Winston
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To: lentulusgracchus

If you people have any actual evidence instead of meaningless ad hominem attacks. this would be a good time to present it.

And I’m not talking about the 40 or so different fallacious and/or extremely-weak arguments that I’ve already documented.


158 posted on 03/27/2013 10:49:04 AM PDT by Jeff Winston
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To: Jeff Winston

At some point I intend to post those, along with the information as to WHY they are fallacious and/ or extremely weak.


159 posted on 03/27/2013 10:52:50 AM PDT by Jeff Winston
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To: logitech

Thanks again for the link to this fascinating site. I had more time to spend on it today. Just the quotes alone are great. Here is my favorite:

“I saw a movie where only the military and the police had guns: Schindler’s List.”

http://publiushuldah.wordpress.com/


160 posted on 03/27/2013 10:59:36 AM PDT by Fantasywriter
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