Natural-born citizen
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The
14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in
Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.
Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution.
Section 1401 defines the following as people who are "citizens of the United States at birth:"
- Anyone born inside the United States *
- Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
- Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
- Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
- Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
- Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
- Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
- A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
The blue line above? I don't remember this line from when I read the rest of the C&P, is that from the article or is that from you?
First of all, you shouldnt have let that canadian whacko MARK STEIN confuse you on the issue. He spent hours on friday talking nonsense about this issue and I have heard many repeat the Krapola he was selling.
Ya mean there's really canadian whackos ??? Say it aint so Joe.
First of all, I asked you for was research and links. Thanks again for the research.
Second, I didn't ask for condescending remarks about anyone or your opinion of " Right Wing Radio".
Third, you assume way too much, I've never heard of MARK STEIN and the only radio I listened to on friday (or any other day for that matter) was Willie's Place- channel 13 on XM radio and I can assure you there was no "Krapola", just good music.
There is one thing you will not find or hear on Right Wing Radio and thats the truth. Plain and Simple. AM RADIO ET AL.
You evidently listen to RWR and AM Et Al quite a bit to know all that. Is PRN on AM?
They ALL talk around the truth, spit out the constitution like it was gospel leaving out amendments and corrections by the US SUPREME court and the like.
I'm pretty sure the SCotUS doesn't do corrections of the Constitution, their job is to interpret it...no?
Here is an explanation of our current constitutionality of what is an american natural born citizen.
Wouldn't it be more correct to say " Here is an opinion of our current constitutionality of what is an american natural born citizen" ? Specially since word "natural" was not used in the 14th Amendment or in Article 8 ?
<snip>
MARK STEIN filling in for Rush Limpbaugh went on and on and on without a single mention of TITLE 8 of the constitution. Why is this? Easy, to confuse YOU TRIP or anyone else listening.
There ya go again, assuming things that have no basis in truth. Now I have heard Rush L once or twice 5 maybe 6 years ago. Didn't care too much for him so I didn't bother again. Neither of those men was trying to confuse ME, if they even know I exist, they'd know I wasn't listening to them.
If he mentioned title 8, there would be no reason to have the conversation.
I'm not so sure that is true.
But its easier to create a non issue with 'Sorta" facts than real facts.
So far, there has been some real facts and some opinion facts.
The US supreme court has ruled on title 8 claims and have upheld the law over and over.
I'll have to do a little more reading on the US Supreme Courts rulings, so far I'm only gotten through some of the lower courts. I read very slow.
I hope this clears it up for you.
That does clear some things up, part of which I already knew.
Peace.