The power for the federal government to define, by law, the term natural born is found...where? If that authority had been bestowed on the federal government, it would have appeared in the Constitution, like this one does-
Article I, Section 8 -To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
Yet it does not.
Nor, until recently, has such a definition appeared. If it government HAD that ability, the Founders would have utilized it, and there wouldn't be such confusion on the subject.
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And what statutory law defined in ths instance is who are Citizens of the United States At Birth under the 14th Amendment.
The 14th Amendment ceased legal operation upon the death of the last freed slave. No intent can be found in any of the records to show it was ever meant to be anything other than of limited duration.
Nor was being a '14th Amendment citizen' a GOOD thing. The records contain more than one example of it.
May 3,1872
http://memory.loc.gov/cgi-bin/ampage?collId=llhb&fileName=042/llhb042.db&recNum=9319
A Bill to remove the legal and political disabilities imposed by the fourteenth amendment of the Constitution of the United States
Gee. Now WHY would the men who were living around the time think it created a 'disability'? Oh, yes-
Because a 14th Amendment citizen is an EXTRA-Constitutional one. Congress did some very fine tippy-toeing around natural law in order to make that amendment even possible.
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It is JUDGES who have equated natural born citizens with Citizens of the United States At Birth.
Yep, they have. But what else to you expect today from a the mouthpieces of the administrative organ? They probably thing those old-timey judges were just stUuU-pid
In the United States of America the people have retained the sovereignty in their own hands: they have in each state distributed the government, or administrative authority of the state, into two distinct branches, internal, and external; the former of these, they have confided, with some few exceptions, to the state government; the latter to the federal government.
Since the union of the sovereignty with the government, constitutes a state of absolute power, or tyranny, over the people, every attempt to effect such an union is treason against the sovereignty, in the actors; and every extension of the administrative authority beyond its just constitutional limits, is absolutely an act of usurpation in the government, of that sovereignty, which the people have reserved to themselves.
Preliminary Remarks, St. George Tucker, View of the Constitution
The Federal government's power is primarily EXTERNAL. It has no legitimate authority to operate on citizenship in the States other than to make a general rule for naturalization for the States to follow.
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Defining born citizenship and naturalized citizenship as stipulated in Section 1 of the 14th amendment fell to Congress.
I'ts true that they had to differentiate one from the other, but they also made it clear it did NOT include children of aliens.
On May 30, 1866, the co-author of the citizenship clause of the 14th Amendment, Mr Jacob Howard, said;
"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."
Jacob Howard
center column, halfway down)
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11%20
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No, the only thing that makes such a Constitutional oxymoron as statutroy natural born citizen exist is government's say so...and I'm not buying it.
If there is no authority to define a constitutional term, how can anyone be excluded from the category or included in it when there is a question? There have been cases and contraversies over who qualifies as a natural born citizen.
Constitution of the United States, Article III, Section 2: “The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more states;—between a state and citizens of another state;—between citizens of different states;—between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.”
I’m talking about Supreme Court Justices in the 19th Century.
For example:
Minor v. Happersett (1874)
Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President, and that Congress shall have power to establish a uniform rule of naturalization.Thus new citizens may be born or they may be created by naturalization.