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Originally posted by aptness
But it was. Let me ask you, how do you believe the Court ascertained Ark’s citizenship?
Originally posted by JamesGordon
There are various arguments made although the opinion you quote is not related to the outcome of this specific case. In other words a ruling was not made based upon this opinion. If it was then I would concur with you. But a precedent has not been set yet for the specific situation we are discussing.
That gets back to my initial question to those who endorse the Vattel definition.
Parents do not need to be natural born, just plain citizens.
Children of US servicemen and women born abroad can never be President, and the children, born in the United States, of naturalized immigrants can.
Is that your position? Because that’s what the Vattel definition entails.
Originally posted by Scytherius
For the record ... I can't stand Obama and think he is an unmitigated disaster. I think 9/11 was either pulled off by our government or they permitted others to pull it off. So I am no Obama fan and I am one conspiracy theory MoFo.
Having said all that, Birthers ... you need to get a grip. This is just stupid. The man was born in Hawaii. Furthermore, EVEN if he wasn't (and he was and Congress passed a resolution that he was) you'd still lose on the definition of Natural Born Citizen.
All that's going on in the world and you idiots focus on this? It's why you are referred to as "useful idiots".
Get a grip on reality.
The more the birthers complain about Obama's birth certificate...the more I feel compelled to vote for him. I don't know if that makes much sense, but if the birthers are going to determine who our next president will be...then perhaps Obama can't be so bad.
And I didn’t say it was, nor did the Court. Merely that the English common law principle is at the foundation of the birthright citizenship principle in the United States.
Originally posted by JamesGordon
"natural-born subjects" is NOT equal to "natural-born citizens"
I’m sorry, but you cannot have it both ways.
Originally posted by JamesGordon
r the location of birth was given a special exemption to include being born on a military installation abroad. This resolution only applied to John McCain and is not a law. However, it does define the term natural born citizen in a modern situation.
Originally posted by aptness
And I didn’t say it was, nor did the Court. Merely that the English common law principle is at the foundation of the birthright citizenship principle in the United States.
Originally posted by JamesGordon
"natural-born subjects" is NOT equal to "natural-born citizens"
That principle, the Court tells us, says that children of aliens, if subject to the jurisdiction, are natural born citizens, just as they were natural born subjects in England.
And that’s how Wong Kim Ark acquired his US citizenship, he was born in the United States.
Your point about the King is irrelevant and inapplicable, because the President is not the King.
The problem with your definition of jurisdiction, if you equate it to allegiance, and aliens “owe allegiance to other nation,” then the consequence of that is that aliens, when they enter the United States, are not in the jurisdiction of the United States.
Originally posted by Twainfan
The phrase "subject to the jurisdiction thereof" means not owing allegiance to any other nation... if you are NOT a US Citizen, then you still owe allegiance to the nation you came from.
Originally posted by aptness
I’m sorry, but you cannot have it both ways.
Originally posted by JamesGordon
r the location of birth was given a special exemption to include being born on a military installation abroad. This resolution only applied to John McCain and is not a law. However, it does define the term natural born citizen in a modern situation.
You acknowledge the resolution does not have any legal power, it was a non-binding resolution after all, but then you say that it is defining the terms of natural born citizen “in a modern situation.” I’m not even sure why you think “in a modern situation” is of relevance.
But since the resolution has no legal power, it didn’t the change the law. If you adhere to the Vattelist definition — born in the country to citizen parents — and claim that is the law of the land, then John McCain, as per your definition, is not a natural born citizen.
You can’t have it both ways.
edit on 30-4-2011 by aptness because: (no reason given)
Besides being my opinion, it is also that of the Supreme Court which is the important factor.
Originally posted by JamesGordon
The "principle" is your opinion.
You’re still not understanding.
You are implying that the term "subjects" and "citizens" are interchangeable.
Originally posted by Twainfan
That is precisely the kind of thing the Founders and Framers were against and why they used the term "natural born citizen" and they meant it to be a child of 2 US Citizen parents.
link
Andrew Jackson (1829-1837) is the only president born of two immigrants, both Irish.
Presidents with one immigrant parent are Thomas Jefferson (1801-1809),
whose mother was born in England, James Buchanan (1857-1861)
and Chester Arthur (1881-1885),
both of whom had Irish fathers, and Woodrow Wilson (1913-1921)
and Herbert Hoover (1929-1933),
whose mothers were born respectively in England and Canada.
If Bin Laden entered the United States wouldn’t he be subject to US law? Ahmadinejad depends on his status when he came here. If he came as head of state, then he would have diplomatic immunity, if he came as private citizen, he would be subject to US law like any other person.
Originally posted by Twainfan
By your reasoning, Bin Laden, Ahmadinejad or any other nut case could come over here and get any woman that is a US citizen pregnant and their child could then be President?
Originally posted by aptness
Besides being my opinion, it is also that of the Supreme Court which is the important factor.
Originally posted by JamesGordon
The "principle" is your opinion.
You’re still not understanding.
You are implying that the term "subjects" and "citizens" are interchangeable.
What the Court said was that the principle behind natural born subject was the same behind natural born citizen, not that subject and citizen are the same.
not one supreme court justice is aware of this ?
Originally posted by aptness
Stating that laws “mean what they say” when they are written is self-evident, the question here is not “what they mean” when they were written, but what they mean now.
So, the laws mean what they say at the time they were written.
I did, but you obviously didn’t.
Originally posted by Twainfan
Read the case cited by the Supreme Court that I just mentioned.
"Jurisdiction," it has been observed, "is a word of many, too many, meanings," United States v. Vanness, 85 F. 3d 661, 663, n. 2 (CADC 1996), and it is commonplace for the term to be used as it evidently was here.