[John Valentine]

May a child be "naturalized by statute at birth"?

I suppose that if this were enacted by legislation, it would be possible, but it would require an application for naturalization and and and act of naturalization by the government. The government would then issue a certificate of naturalization.

But, that's not the statute we have, is it?

[WhiskeyX]

“But, that’s not the statute we have, is it?”

Of course it is. As I have posed so many times previously, here are the relevant statutes and the U.S. State Department Manual explicitly stating it is so.

66 Stat. Public Law 414 - June 27, 1952

TITLE III - NATIONALITY AND NATURALIZATION

Chapter 1 - Nationality at Birth and by Collective Naturalization

NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . .
(7) 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 ten years, at lest five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.

The equivalent present day statute is:

U.S. Code: Title 8 - ALIENS AND NATIONALITY. Chapter 12 - IMMIGRATION AND NATIONALITY. Subchapter III - NATIONALITY AND NATURALIZATION. Part I - Nationality at Birth and Collective Naturalization. § 1401 - Nationals and citizens of United States at birth: The following shall be nationals and citizens of the United States at birth: ... (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) “Automatic” acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.

[so_real]

We do have statute that defines "citizen at birth". What we lack is statute that defines "natural born citizen". Why? Because Congress does not possess the enumerated power to alter the Constitution except through the amendment process. An amendment could be written to redefine "natural born citizen" from Article II, or "treason" from Article III, or "republican form of government" from Article IV, etc. But these changes in definition cannot be legislated outside the amendment process; the Congress cannot "amend by statute". As such, regular legislation with regard to citizenship is restricted to establishing uniform rules of naturalization. Ergo, a citizen who requires statute to enjoy citizenship is not naturally a citizen ... is not a natural born citizen.