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To: hoosiermama

It is very much settled law!

See Paragraph (g)

U.S. Code › Title 8 › Chapter 12 › Subchapter III › Part I › § 1401

Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe:
Provided
, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years:


37 posted on 01/16/2016 3:23:22 PM PST by The All Knowing All Seeing Oz (I carry a handgun because even a small police officer is too big and heavy to carry.)
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To: The All Knowing All Seeing Oz

Forgetting your obvious ignorance on this subject, why would one need laws and or statutes if one is Natural Born?


63 posted on 01/16/2016 3:34:27 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: The All Knowing All Seeing Oz

Will have to sign you up as one of the legalize on that side of the case when it is heard.


65 posted on 01/16/2016 3:35:31 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: The All Knowing All Seeing Oz
So, I don't know if you are willfully ignorant, or deliberately misleading - either way, you are wrong on the law.

See Rogers v. Bellei, 401 U.S. 815 (1971), which applies the statute you cite (technially, its predecessor, but same principle).

Bellei was born in Italy to a US citizen mother and Italian father. He was a citizen-at-birth. The law at the time had an additional condition. Bellei had to reside in the US for some amount of time before the age of some age, or he'd lose his citizenship. He lost his citizenship and sued to get it back.

Now, if Bellei was an NBC, this suit would not exist. Congress can't take citizenship away from an NBC.

And right here, in this case, we find phrases like the following:

7. Neither are we persuaded that a condition subsequent in this area impresses one with "second-class citizenship." That cliche is too handy and too easy, and, like most cliches, can be misleading. That the condition subsequent may be beneficial is apparent in the light of the conceded fact that citizenship to this plaintiff was fully deniable. The proper emphasis is on what the statute permits him to gain from the possible starting point of noncitizenship, not on what he claims to lose from the possible starting point of full citizenship to which he has no constitutional right in the first place. His citizenship, while it lasts, although conditional, is not "second-class." ...

citizenship to this plaintiff was fully deniable. [meaning at birth]...

Bellei was not "born . . . in the United States," but he was, constitutionally speaking, "naturalized in the United States." Although those Americans who acquire their citizenship under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word "naturalize" in this way has a considerable constitutional history. Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, S: 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen. ...

However, the clearest expression of the idea that Bellei and others similarly situated should for constitutional purposes be considered as naturalized citizens is to be found in United States v. Wong Kim Ark, 169 U. S. 649 (1898) ...

Bellei, as a naturalized American, is entitled to all the rights and privileges of American citizenship, including the right to keep his citizenship until he voluntarily renounces or relinquishes it. ...

In the light of the complete lack of rational basis for distinguishing among citizens whose naturalization was carried out within the physical bounds of the United States, and those, like Bellei, who may be naturalized overseas, the conclusion is compelled that the reference in the Fourteenth Amendment to persons "born or naturalized in the United States" includes those naturalized through operation of an Act of Congress, wherever they may be at the time.


81 posted on 01/16/2016 3:43:41 PM PST by Cboldt
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