To: taxcontrol
In the US, what is the highest law?
The Constitution of course.
The order of law is.
1) Constitution
2) Federal Law
3) State Law
4) Local ordinances
5) Natural law
The top 4 are forms of Positive law, Natural law is, law that exists without need of any Positive law.
Let me ask you a couple questions.
1) Your wife is pregnant, and you go to visit some country in Asia, and while there, she gives birth. Is your child a citizen of that country?
2) A couple, who are citizens of that same Asian country, comes to visit the US, the wife is pregnant, and gives birth in the US. Is their child a citizen of the country in which they came?
3) The same couple, stays in the country in which they are citizens, and the wife gives birth there. Is the child a citizen of that Asian country?
The answers to 1, and 2, if you are being honest with yourself, is that there is no way to know. You would need to know the naturalization laws of that country. But the answer to #3 IS know. The answer is YES, the child is a citizen of that country, because it is a citizen via Natural law, ergo a Natural Born citizen
To be a citizen via Natural law, you must be a citizen without need of any Positive law, please tell me the Positive law that grants Citizenship, to a person born in the US, to US Citizen parents? It doesn't exist, because it is not needed.
141 posted on
12/15/2016 6:59:30 AM PST by
MMaschin
(The difference between strategy and tactics!)
To: MMaschin
So when the Constitution speaks, it is the highest authority and trumps all others, including the unwritten so called natural law. I would point out that natural law is INFERIOR to the Constitution. When the Constitution speaks, natural law has no weight.
Article 1 Section 8 clause 4 enumerates Congress with all powers regarding the rules of naturalization and citizenship. That includes:
- when naturalization occurs (after one’s birth)
- who needs to be naturalized
- who does not need to be naturalized (citizen at birth, i.e. naturally born a citizen)
- the conditions by which a person qualifies for citizen ship such as birth on US soil (14th amendment) and any other conditions Congress desires.
With regards to your questions - other countries are sovereign in their own right and can grant citizenship how they so please. However, their laws have no impact on US laws with regards to US citizenship.
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