A Simple-Minded Reading of the Constitution on the Subject of Citizenship

vanity | 1/16/2016 | Self

[BlueDragon]

Note, the above is from a statutory law that naturalizes a child born abroad with a U.S. citizen parent

Note HELL! THat is an unfounded assertion.

You are claiming the statutory law "naturalizes" at birth.

That is where you are incorrect. It is not by force of law that citizens said to be, under the law, citizens at birth are "naturalized" due to the laws, but instead are citizens at birth acquiring that citizenship from their citizen parent as stipulated under codification of law.

Acquiring citizenship from a parent is in no wise "naturalization".

It may have been spoken of that way within long ago, non-binding Supreme Court dicta, but is not the way it is more clearly, succinctly, and to the point stated under the changes of the wordings of the laws that have taken place since the past era's court cases frequently cited (cited in attempt to assert what you have, is the order of function in how a person can acquire citizenship).

You said to me that I cannot; see the tree for all of the forest of misinformation standing in your way.

No, that would apply here to those who keep running down the "naturalized by statute" path-ways of thought.

The paragraph heading changes don't come into play here either.

You simply cannot assert that citizens such as are covered under that statute were "naturalized" at birth because of the past wording of the paragraph heading -- which explicitly stated no such thing.

[JayGalt]

Did you see the portion of the statute that follows. That is the portion that would have been appropriate to quote. I think the portion posted is misleading and leads to a conclusion opposite of the intention of the State Department
and I question whether that ommission was purposeful.

7 FAM 1131.6-2 Eligibility for Presidency

(TL:CON-68; 04-01-1998)

a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.

b. Section 1, Article II, of the Constitution states, in relevant part that “No Person except a natural born Citizen...shall be eligible for the Office of President.”

c. The Constitution does not define “natural born”. The “Act to establish an Uniform Rule of Naturalization”, enacted March 26, 1790, (1 Stat. 103,104) provided that, “...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.”

d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.