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To: unlearner
Isn't it true that Congress can only enact laws concerning naturalization in accordance with Article 1, Section 8, Clause 4 (To establish an uniform Rule of Naturalization...)? ("yes" or "no" are the only two words needed to answer that question)

So if that is true then wouldn't somebody who had to resort to such a law enacted by Congress be, of necessity, a naturalized citizen?

Simple questions. Simple answers are all that are required.

181 posted on 01/16/2016 1:04:51 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: philman_36

Yes. Only a uniform rule of naturalization.

I have answered this already. Congress does not get to define what “citizen” means, nor “natural born”, nor “naturalization”. Those are words with their own meaning. Congress is empowered to establish a uniform rule of naturalization. This is, apparently in the mind of the founders, a broader purview than merely deciding how a person is naturalized. They apparently believed it included recognizing who was already a citizen and did not need to be naturalized.

If a uniform rule of naturalization does not allow Congress to set limits on who is a citizen at birth, and if citizen at birth is what a natural born citizen is, then Congress must have enacted an unconstitutional law just 18 months after ratifying the Constitution. I do not buy it.

The simple explanation which I have already repeated many times is that natural born citizen means citizen at birth and is conferred on children by the nature of the parents’ citizenship. Parentage is more important than place of birth, although place of birth can potentially be the basis of determining who is natural born and who must be naturalized. The Constitution only recognizes these two kinds of citizens.

If a person is born in the US to parents who are both citizens of the United States and no other nation, there is no question whether that person is a natural born citizen. If a person is born outside of the US to parents who are not citizens of the US, then the person is certainly not a natural born citizen. What if both parents are citizens but the birth occurs outside of the borders? What if the parents have dual citizenship? What if only one parent is a citizen? All of these issues can and are resolved by a uniform rule of naturalization.

Some around here want to make natural born citizen to be some mystic, cryptic legalese which only many years of study can shed light on. So they introduce this idea that there is a naturalized at birth citizen in order to accommodate their made up definition of natural born citizen. Yet they have no example of anyone being born a citizen and being described as naturalized. That is because naturalization is for someone who is not already a citizen.

If a person is a citizen of the US at birth, if that person is a citizen by virtue of his or her parents’ citizenship at birth, if that person is a citizen by virtue of where they are born without regard to their parents’ citizenship, if that person’s citizenship is according to the law, then they are natural born citizens.

But let’s make it very simple like you ask. Do you believe that Congress has the right, under the authority to make a uniform rule of naturalization, the authority to determine who is a citizen at birth? Obviously we both agree they DO have this authority. Then the only question is whether being a citizen at birth means the same thing as natural born citizen. Either a person born as a citizen is natural born or is a citizen naturalized at birth. I believe these are the only two possibilities.

I have presented evidence that Congress passing a law specifying certain conditions under which children born outside of the US are natural born citizens, then that MUST be the same thing as citizen at birth. Otherwise what they did was unconstitutional.

No one has presented any evidence, especially from any laws, amendments, published writings, or even personal letters from the general time frame of the ratification of the Constitution, which supports the notion that children becoming citizens at birth are ever called “naturalized”. Can you find any?


182 posted on 01/16/2016 6:25:38 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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