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Originally posted by googolplex
reply to post by OnTheFelt
I think the biggest thing is that people want it to be true more than anything and unfortunately, I can't be a hypocrite and say I'm not one of them. Oh well, back to the drawing board.
I am one would wish this is not so, I would wish that Obama be a good and just man, the best President to ever be.
But what is that one wish in one hand # in the other, and see which one fills up first.
But I know this one a Attorey/Politician died and on his tombstone they wrote here lies a Attorney/Politician and a Honest Man.
A guy walks by and says why did they burie two people in same grave?
Originally posted by ShadyLawyer
Ok, I'll take one last stab at this. I myself am not constitutionally eligible to serve as President, despite being born on US soil and my Mother being a US citizen at the time. This is because my Father was not a US citizen at the time. Now does that mean I am not a "citizen" as defined under the 14th Amendment? No, in fact, I was automatically a citizen at birth.
For the last time, the definition and analysis of a "citizen" under the 14th Amendment is an entirely different animal than the "natural born" citizen requirement that is mandated upon a President under Article II. ENTIRELY DIFFERENT.
Doesn't the US Constitution forbid dual citizenship?
No. The Constitution says nothing explicitly about dual citizenship at all. Indeed, in its 1967 ruling in Afroyim v. Rusk, the Supreme Court used an argument derived from the 14th Amendment to the Constitution to affirm a right to dual citizenship.
The Afroyim Supreme Court ruling, which paved the way for dual citizenship after foreign naturalization, dealt specifically with the 14th Amendment's guarantee of citizenship to people "born or naturalized in the United States." The court did not prohibit Congress from establishing prerequisites to naturalization. Hence, it is still OK for Congress to require prospective new citizens to be willing to renounce their old citizenships
Originally posted by ShadyLawyer
Save your link. I already looked at it and it is off the mark.
Here is the pertinent portion of Article II:
"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."
What this portion clearly delineates is that one cannot legally or legitimately serve as President of the United States unless:
(1) that person is at least 35 years of age, and
(2) has been a resident of the United States for at least 14 years, and
(3) is a natural born citizen.
Now here is the important point (and, I'm sure, the point you will conveniently choose to ignore):
Regarding the third requirement ("natural born" citizen), Article II clearly made a SPECIAL EXCEPTION for people WHO WERE CITIZENS WHEN THE CONSTITUTION WAS ADOPTED. Those people did NOT need to be "natural born" citizens. Their pre-Constitution citizenship, by itself, was sufficient to meet the third requirement.
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.
Originally posted by ShadyLawyer
reply to post by Southern Guardian
I am not contesting the point that if u are born on US soil, then u are a citizen....the Framers would agree, and this is why, as per my last post, THEY MADE AN EXCEPTION FOR THOSE WHO WERE CITIZENS AT THE TIME THE CONSTITUTION WAS RATIFIED...
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.
Currently, Title 8 of the U.S. Code fills in those gaps. 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.
Originally posted by ShadyLawyer
reply to post by Southern Guardian
This is tiresome...why am I wasting my time with you? Here I am, a former Constitutional Law Review Editor