Why it doesn't matter if Obama was born in Kenya

Discussion in 'Law & Justice' started by Clausewitz, Dec 27, 2010.

  1. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    One who is NATURAL born citizen is not, by definition, a citizen by code or statute.
     
  2. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    Margot is wrong. In 1789 what type of citizens were there. (I will remove Margot from Ignore for the answer.)
     
  3. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0

    Where in 1401 or 1409 are the words "natural born citizen", not what you believe is a natural born citizen, but the actual words?
     
  4. Margot

    Margot Account closed, not banned

    Joined:
    Oct 23, 2010
    Messages:
    62,072
    Likes Received:
    345
    Trophy Points:
    0
    The law was further defined by the 14th amendment and Title 8 of the US code.. Its no longer 1789.
     
  5. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0

    NATURAL born citizenship can not be, by definition, conferred by statute or code.
     
  6. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    Where in the 14th A is the term "natural born citizen"? Not what you believe to be natural born citizen, but the actual words.
     
  7. Margot

    Margot Account closed, not banned

    Joined:
    Oct 23, 2010
    Messages:
    62,072
    Likes Received:
    345
    Trophy Points:
    0
    I have already posted it for you numerous times.

    No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

    http://www.usconstitution.net/xconst_A2Sec1.html
     
  8. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    That is correct. That is in Article II Section 1 of the US Constitution. Where in the 14th A is the term "natural born citizen"? I know this may be difficult, but try.
     
  9. Margot

    Margot Account closed, not banned

    Joined:
    Oct 23, 2010
    Messages:
    62,072
    Likes Received:
    345
    Trophy Points:
    0
    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.
     
  10. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    Where in the 14th Amendment are the words "natural born citizen"?

    Here I'll even make it easy for you. Quote this post then highlight the words "natural born citizen".

    AMENDMENT XIV Passed by Congress June 13, 1866. Ratified July 9, 1868.
    Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
    Section 1.
    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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
    Section 2.
    Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
    Section 3.
    No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
    Section 4.
    The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
    Section 5.
    The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
    *Changed by section 1 of the 26th amendment.
     
  11. BullsLawDan

    BullsLawDan New Member

    Joined:
    Sep 1, 2010
    Messages:
    5,723
    Likes Received:
    98
    Trophy Points:
    0
    Why would it need to be in there? You've never shown any source other than birther blogs that supports your claim that "natural born citizen" requires something more than birth in the United States.
     
  12. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0

    If the term natural born citizen is not addressed you can not legally assume it is.
     
  13. BullsLawDan

    BullsLawDan New Member

    Joined:
    Sep 1, 2010
    Messages:
    5,723
    Likes Received:
    98
    Trophy Points:
    0
    It's addressed in statute and court cases, which is how terms in the Constitution are defined.

    Do you have a statute or court case that says natural born citizenship requires parents who are citizens?

    Do you have one that says "citizen at birth" and "natural born citizen" are two different things?

    Do you have one that says there are any more than two types of citizen? ("citizen at birth/natural born citizen" and "naturalized citizen")
     
  14. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    Article II Section 1 clause 5 of the USC.

    Why is Article II different than Article I citizen?
     
  15. rahl

    rahl Banned

    Joined:
    May 31, 2010
    Messages:
    62,508
    Likes Received:
    7,651
    Trophy Points:
    113
    then there is no such thing as "natural born citizens" because the very foundation of citizenship is based on laws.
     
  16. rahl

    rahl Banned

    Joined:
    May 31, 2010
    Messages:
    62,508
    Likes Received:
    7,651
    Trophy Points:
    113
    then "natural born citizen" doesn't exist. because citizenship is based on laws, like the US.
     
  17. BullsLawDan

    BullsLawDan New Member

    Joined:
    Sep 1, 2010
    Messages:
    5,723
    Likes Received:
    98
    Trophy Points:
    0
    Says none of the answers to my questions. Try again.

    I posted three simple questions. Answer them.

    Because the Framers wanted to allow naturalized citizens - immigrants - to be members of Congress, but they didn't want to allow immigrants to be President.

    Is that difficult for you to comprehend? It must be, since I've explained that to you at least a dozen times.
     
  18. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    So the U.S. Constitution is a non-fictional document? Only citizenship by statute is non-natural. There is no natural born citizens?
     
  19. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0


    I will answer these questions AFTER you answer the questions I have been asking for months with no answer.

    Reference:


    Now if you are wiser than these men, I will consider your opinion.
     
  20. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0

    There were NO naturalized citizens in the USA in 1787.

    New-York, 25th July, 1787.
    Dear Sir,
    Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government ; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.
    I remain, dear sir,
    Your faithful friend and servant,
    John Jay.
     
  21. rahl

    rahl Banned

    Joined:
    May 31, 2010
    Messages:
    62,508
    Likes Received:
    7,651
    Trophy Points:
    113
    according to you.
     
  22. NaturalBorn

    NaturalBorn New Member Past Donor

    Joined:
    Jun 11, 2010
    Messages:
    17,220
    Likes Received:
    32
    Trophy Points:
    0
    That is a lie. I never stated that anywhere.
     
  23. SFJEFF

    SFJEFF New Member

    Joined:
    Sep 1, 2010
    Messages:
    30,682
    Likes Received:
    256
    Trophy Points:
    0
    So Alexander Hamilton would be eligible to be President.
     
  24. SkyStryker

    SkyStryker Banned

    Joined:
    Sep 26, 2010
    Messages:
    10,388
    Likes Received:
    46
    Trophy Points:
    0
    There is no difference between article ii and article I for the definition of a Citizen. In fact, neither one defines a Citizen.
     
  25. SkyStryker

    SkyStryker Banned

    Joined:
    Sep 26, 2010
    Messages:
    10,388
    Likes Received:
    46
    Trophy Points:
    0
    All that does is prove one need not be born in the US. How? That letter is advising one side of a debate and the reason Clause 5 says either natural born or a Citizen is to squash that debate.
     

Share This Page