The Foreign Affairs manual also says the following.
7 FAM 1131.6-3 Not Citizens by “Naturalization”
(CT:CON-479; 08-19-2013)
Section 101(a)(23) INA (8 U.S.C. 1101(a)(23)) provides that the term “naturalization” means “the conferring of nationality of a state upon a person after birth, by any means whatsoever.” Persons who acquire U.S. citizenship at birth by birth abroad to a U.S. citizen parent or parents who meet the applicable statutory transmission requirements are not considered citizens by naturalization.
That paragraph in the Foreign Affairs manual is deceptive. The second sentence is a claim with no foundation.
And it was added very recently by the Obama people.
I had a detailed discussion two days ago with an experienced former Foreign Service officer on that exact issue just two days ago.
There can be no statute for a natural born citizen. It is a state of nature.
And the only "Constitutional purpose" of a natural born citizen is for the office of POTUS/VPOTUS.
7 FAM 1131.6-3 Not Citizens by âNaturalizationâ
(CT:CON-474; 08-19-2013)
Section 101(a)(23) INA (8 U.S.C. 1101(a)(23)) provides that the term "naturalization" means "the conferring of nationality of a state upon a person after birth, by any means whatsoever." Persons who acquire U.S. citizenship at birth by birth abroad to a U.S. citizen parent or parents who meet the applicable statutory transmission requirements are not considered citizens by naturalization.
There is that word considered again.
Now let's look at the law and not what is added onto what it says...
Title 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1101 - Definitions
(21) The term ânationalâ means a person owing permanent allegiance to a state.
(22) The term ânational of the United Statesâ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
(23) The term ânaturalizationâ means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
Snip...(36) The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
Snip...(38) The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
There is no definition for "state" (lower case "s") and the times when it does come up is in regards to a "foreign state". So (23) is simply stating the obvious and "by any means whatsoever." can mean "at birth, like the US has and which I linked to earlier.
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.