General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs Mitt actually an anchor baby?
He's got ads running that state his father was born in Mexico.
http://www.washingtonpost.com/blogs/the-fix/post/romney-spanish-language-ad-my-father-was-born-in-mexico/2012/07/18/gJQAfnTOtW_blog.html
Now, I don't understand how George was able to run in presidential primaries, unless there was some special contortion devised allowing for a Mormon colony there to remain "American Soil".
sinkingfeeling
(51,471 posts)parents maintain their US Citizenship.
unc70
(6,117 posts)Do not believe the RW talking points now passing for CW and Constitutional scholarship. (That includes the oft-cited Congressional article.) If you are born outside the US, you are not "natural born". All this bs is because McCain does not qualify as NB, was originally raised by Huckabee.
11 Bravo
(23,926 posts)There has never been any question that she is an American citizen.
unc70
(6,117 posts)The only issue would be if your sister were running for President.
sinkingfeeling
(51,471 posts)Please note bullet three.
http://www.law.cornell.edu/uscode/text/8/1401
U.S. Code definition
Title 8, Section 1401, of the U.S. Code provides the current definition for a natural-born citizen.
Anyone born inside the United States and subject to the jurisdiction of the United States, which exempts the child of a diplomat from this provision
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)
unc70
(6,117 posts)The US Code makes no mention of "natural born". The only historic exception was the Naturalization Act of 1790 which was repealed in 1795. The use of "natural born" in 1795 has several interpretations: 1) If was what we now call "unconstitutional", granting a right not vested in Congress, whether deliberate or by accident; 2) It was "constitutional", but was repealed and the term never used again in later law.
You state "Title 8, Section 1401, of the U.S. Code provides the current definition for a natural-born citizen. "
What the law states is "The following shall be nationals and citizens of the United States at birth:" No mention of "natural born". The interpretations of the law you posted do not even follow the law as it would apply to ordinary citizenship.
So I'm curious where you got this interpretation of the Law?
sinkingfeeling
(51,471 posts)What the ____ do you thaink 'natural born' means. That the mother refused modern medical services? It means that the person does not have to do ANYTHING to be considered a citizen. It is automatic. The US Code Title 8, Section 1401 describes who is a natural citizen. It's titled: PART INATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION
§ 1401. Nationals and citizens of United States at
birth
The following shall be nationals and citizens
of the United States at birth:
http://uscode.house.gov/pdf/2010/2010usc08.pdf
Most Constitutional and law schools believe Title 8, section 1401 addresses the defintion of a 'natural born citizen'.
http://www.usconstitution.net/consttop_citi.html
"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."
http://www.worldandi.com/subscribers/feature_detail.asp?num=26823
" Title 8, Section 1401, of the U.S. Code provides the current definition for a natural-born citizen. "
Cornell Law school was the source I used before.
Where did you get your belief that a person born of US citizens while in a foreign country was not a 'natural born' citizen? Where's your documentation? Sounds like your a big supporter of the
"Vattel theory" and the Kerchner v Obama case which was based on it.
unc70
(6,117 posts)My "belief" is that anyone born in the USA is a natural born citizen. Period. Not dependent on parents. Anyone receiving citizenship via any other (legislative) route is not natural born, but citizens through the uniform rule for naturalization (the only other Constitutional means other than birth in the US).
Natural born citizen: Obama, Mitt Romney
Not natural born: George Romney, John McCain (probably not NB)
I get my beliefs from the Constitution itself and from the rulings of the Supreme Court over the years. (It is also consistent with the NC SC rulings as documented in the dissent to Dred Scott.)
You misquoted the Cornell site as I indicated in my original post. Your other two links are not reliable. Really not reliable. Nancy Salvato is identified by groups like rightwingwatch.com. Just reading even her bio at the bottom of the page you linked should have given you a clue.
I have posted reliable links on this topic previously. When I get where I can, I will post a follow up.
sinkingfeeling
(51,471 posts)Section 1401 does in fact provide for citizenship as a result of birth in many circumstances, including the birth occuring in a foreign country to US citizens. Most RW sites (birthers and anti-immigration) oppose anybody gaining citizenship as a result of birth if merely born in the narrow confines of the geographic USA. They want to add to US citizen parents. That puts a stop to 'anchor babies' and minor kids being US citizens when their parents came from elsewhere.
Why should there be two-levels of citizenship?
By the way, Steve Mount's usconstitution.net has been highly praised as a factual, non-biased site.
unc70
(6,117 posts)Most of the RW sites are totally incorrect regarding citizenship and "natural born". But a lot of other sites are wrong in many other ways regarding these topics. Even a straight-forward reading of the US Code is still inadequate. Major parts of the Code were invalidated by Supreme Court rulings over the last 50 years or so.
No matter how highly praised it might be, usconstitution.net has a lot of incorrect or misleading statements. The page you linked has several that do not reflect current settled law.
Here is a link to a long thread from back in March regarding many of these topics. I posted a lot in the thread with lots of links to the complexity of the citizenship and natural born issues. I discuss how there are really three types of citizenship currently (following Bellei). You will need to read the whole thread and the linked articles. You still may not agree with me, but that thread includes my positions and backs them with extensive legal rulings. It was a very good and civil discussion all around.
[link:http://sync.democraticunderground.com/1002459927|
cali
(114,904 posts)fuck.