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To: BlackFemaleArmyColonel

Jenna Ellis Is absolutely correct.

To be a Natural Born Citizen, one must be born in U.S. soil and both parents must be American citizens at the time of their birth.

Harris does not meet that qualification.


9 posted on 08/13/2020 1:55:09 PM PDT by Meatspace
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4-D chess on display, BO.


33 posted on 08/13/2020 2:11:04 PM PDT by Orbiter
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To: Meatspace

Conversely, A child born to 2 US citizens on foreign soil, isn’t eligible either.

This applies to two of my daughters.


87 posted on 08/13/2020 3:12:14 PM PDT by Fai Mao (There is no justice until The PIAPS is legally executed)
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To: Meatspace; BlackFemaleArmyColonel
To be a Natural Born Citizen, one must be born in U.S. soil and both parents must be American citizens at the time of their birth.

That is birther B.S., but not citizenship law.

Wong Kim Ark, 169 U.S. 649 (1898)

At 169 U.S. 688:

This sentence of the Fourteenth Amendment is declaratory of existing rights, and affirmative of existing law, as to each of the qualifications therein expressed—" born in the United States," "naturalized in the United States," and "subject to the jurisdiction thereof "—in short, as to everything relating to the acquisition of citizenship by facts occurring within the limits of the United States. But it has not touched the acquisition of citizenship by being born abroad of American parents; and has left that subject to be regulated, as it had always been, by Congress, in the exercise of the power conferred by the Constitution to establish an uniform rule of naturalization.

The effect of the enactments conferring citizenship on foreign-born children of American parents has been defined, and the fundamental rule of citizenship by birth within the dominion of the United States, notwithstanding alienage of parents, has been affirmed, in well considered opinions of the executive departments of the Government, since the adoption of the Fourteenth Amendment of the Constitution.

At 169 U.S. 691:

"The child born of alien parents in the United States is held to be a citizen thereof, and to be subject to duties with regard to this country which do not attach to the father.

"The same principle on which such children are held by us to be citizens of the United States, and to be subject to duties to this country, applies to the children of American fathers born without the jurisdiction of the United States, and entitles the country within whose jurisdiction they are born to claim them as citizens and to subject them to duties to it.

"Such children are born to a double character: the citizenship of the father is that of the child, so far as the laws of the country of which the father is a citizen are concerned, and within the jurisdiction of that country; but the child, from the circumstances of his birth, may acquire rights and owes another fealty besides that which attaches to the father." Opinions of the Executive Departments on Expatriation, Naturalization and Allegiance, (1873) 17, 18; U. S. Foreign Relations, 1873-74, pp. 1191, 1192.

At 169 U.S. 693-694:

The foregoing considerations and authorities irresistibly lead us to these conclusions: The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. His allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke, in Calvin's Case, 7 Rep. 6a, "strong enough to make a natural subject, for if he hath issue here, that issue is a natural-born subject;" and his child, as said by Mr. Binney in his essay before quoted, "if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle." It can hardly be denied that an alien is completely subject to the political jurisdiction of the country in which he resides—seeing that, as said by Mr. Webster, when Secretary of State, in his Report to the President on Thrasher's Case in 1851, and since repeated by this court, "independently of a residence with intention to continue such residence; independently of any domiciliation; independently of the taking of any oath of allegiance or of renouncing any former allegiance, it is well known that, by the public law,.an alien, or a stranger born, for so long a time as he continues within the dominions of a foreign government, owes obedience to the laws of that government, and may be punished for treason, or other crimes,—as a native-born subject might be, unless his case is varied by some treaty stipulations." Ex. Doc. H. R. No. 10, 1st sess. 32d Congress, p. 4; 6 Webster's Works, 526; United States v. Carlisle, 16 Wall. 147, 155; Calvin's Case, 7 Rep. 6a; Ellesmere on Postnati, 63; 1 Hale P. C. 62; 4 Bl. Com. 74, 92.

To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries, would be to deny citizenship to thousands of persons of English, Scotch, Irish, German or other European parentage, who have always been considered and treated as citizens of the United States.

- - - - - - - - - -

https://fam.state.gov/FAM/08FAM/08FAM030101.html

8 FAM 300
(U) U.S. CITIZENSHIP AND NATIONALITY

8 FAM 301
(U) U.S. CITIZENSHIP

8 FAM 301.1
(U) ACQUISITION BY BIRTH IN THE UNITED STATES

(a) Acquisition of U.S. citizenship generally is not affected by the fact that the parents may be in the United States temporarily or illegally; and that; and

(b) A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child’s parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States.

The bogus birther blather was litigated to death in the Obama era.

A losing record of futility of 0-226.

https://tesibria.typepad.com/whats_your_evidence/BIRTHER%2520CASE%2520LIST.pdf

The BIRTHER SCORECARD lists all the cases, the result, and the result of any appeal. ALL cases were dismissed on pre-trial motions to dismiss. NONE even survived to a trial.

President Chester Arthur's father was an Irish citizen. Arthur was born in 1829 and his father was naturalized in 1843. It wasn't a problem for the past 177 years.

138 posted on 08/13/2020 9:15:49 PM PDT by woodpusher
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