Birther brigade going after Rubio now (legal, abortion, v, states)
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But it is not a component of the definition of natural-born citizen asserted by that court
Legally, Obama isn't even a U.S. citizen at all let alone a natural born citizen. Obama is only recognized as "a citizen" by virtue of current political policy.
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Obama's father fits all the requirements of having established "permanent domicile" under the legal meaning of the phrase.
Not a chance in hell. The signed legal forms explicitly stating that Obama's father was only a TEMPORARY resident of the U.S. at the time of Obama's birth are a matter of public record. Note the title of this form, "APPLICATION TO EXTEND TIME OF TEMPORARY STAY" with Obama's father's request to extend his TEMPORARY stay from August 9, 1961 to August 9, 1962:
False. SCOTUS would have stated such at the outset.
Since when did you start hallucinating the authority to tell SCOTUS what they would or would not have done given any particular case? SCOTUS does what they want to do, and we can only accept their choices. They are the final authority. Any attempt by us to second guess them is pissing in the wind.
At the outset, the court acknowledged that Minor's citizenship was not even a question before the court, as it was already conceded explicitly by both sides. We can speculate all day long regarding why the court decided to spend several unnecessary paragraphs on an issue that was already settled, but you know what? They just did.
It is still a fact that since they concluded that there was no right to vote regardless of citizenship, her citizenship was irrelevant to the decision.
And that's what makes the entire discussion mere dicta.
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Originally Posted by InformedConsent
They DID NOT.Instead, SCOTUS proceeded to derive Minor's citizenship because it wasdirectly relevantfor them to consider the case which was predicated upon the 14th Amendment's: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
As it turned out, it was completely irrelevant to the case. Voting was not one of the "privileges or immunities" protected by the 14th Amendment at all.
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Originally Posted by InformedConsent
Is it legal for a U.S. citizen living abroad to fail to pay the federal taxes they owe on income they receive from foreign sources? Yes or no?
If they have no intention of returning to the US... what does it matter? There's nothing the US can do about it as long as they remain outside of our jurisdiction.
Legally, Obama isn't even a U.S. citizen at all let alone a natural born citizen. Obama is only recognized as "a citizen" by virtue of current political policy.
More than a dozen courts have decided that he is. That settles the legal issue completely.
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Originally Posted by InformedConsent
Not a chance in hell. The signed legal forms explicitly stating that Obama's father was only a TEMPORARY resident of the U.S. at the time of Obama's birth are a matter of public record.
And "temporary residence" has exactly nothing to do with "permanent domicile." Wong's parents also were only temporary residents of the United States. But they had permanent domicile too.
You know a number of us have been telling you for weeks to go and finally figure out what permanent domicile means. But you seem too terrified to learn the truth.
US Citizenship is a right which descends from parents.
Here's some interesting points on that matter, by "h2ooflife" who said..
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Perhaps the 1802 Naturalization Act's significant words need an entire exposition to clarify them, namely the words "BE CONSIDERED AS", and "RIGHT OF CITIZENSHIP" and "DESCEND".
"Be considered as" means the same as in the immediate aftermath of two people taking the wedding vows. From thenceforth they shall be considered as man and wife. Why? Because they *are* man and wife. So also, children of Americans *are* Americans, and every official in every port must recognize them as being such.
They are NOT Americans by Law but by nature, regardless of the law, which only serves to openly imply that fact via its mandate.
It is a fact because of the next word; "descend" as in descent. They are Americans by descent, and descent has nothing to do with law, since it is outside of law and is an element of the realm of natural law.
Every off-spring of every species, and every off-spring of every group member is what they are by natural descent. By descent people are members of families, tribes, societies, and countries, and as members of nations they are known as CITIZENS.
Their membership in their nation is by "Right of Citizenship". It is not by *permission* of government or law, it is by right, the same kind of right which produced the government and it just powers. Those rights are the ones with which man is endowed by his creator. They are the foundation of morally just democratic republican government authority. The Right of Citizenship is via the Right of Descent. It produces natural citizens. All other forms of citizenship are legal citizenship, and no legal citizen is eligible to be President.
Not for birth on US soil. As Horace Binney was so kind to point out:
"The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. "
Your excerpt from the 1802 act is for births outside of the country.
If "natural" (parental descent) has been removed from meaning of citizenship in the U.S. wouldn't an amendment to the U.S. Constitution be needed to validate this coloring (obliteration) of law?
It is not "natural" to be a citizen of any country just because you were born in one.
Legal citizens are not natural citizens.
Well, 'ceptin' for people like me who is a natural AND legal citizen (born of U.S. parents in the USA).
The commonly understood terminology for us legal natural citizens is, Natural Born Citizens, especially for purposes of qualification for the U.S. presidency.
Last edited by Nonarchist; 04-11-2013 at 05:44 PM..
If "natural" (parental descent) has been removed from meaning of citizenship in the U.S. wouldn't an amendment to the U.S. Constitution be needed to validate this coloring (obliteration) of law?
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