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Just so i understand this entire argument, Someone born in the United States is not a "natural born citizen" if their parents were not born here as well?
That is correct. To be a "natural born citizen", a status in which both the President and Vice President must be, must be born in the U.S. or one of its territories (John McCain does not meet this test because he was born in a hospital in Panama), and both parents must be U.S. citizens when the child is born. Therefore, even if Barrack Obama was born in Hawaii, as he claims, he fails the test of both parents being U.S. citizens.
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
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:"
That is correct. To be a "natural born citizen", a status in which both the President and Vice President must be, must be born in the U.S. or one of its territories (John McCain does not meet this test because he was born in a hospital in Panama), and both parents must be U.S. citizens when the child is born. Therefore, even if Barrack Obama was born in Hawaii, as he claims, he fails the test of both parents being U.S. citizens.
Where is that written in the constitution. I just looked at the 14th amendment and found nothing stating that both parents must be US Citizens, it states that the parents have to reside in the Untied States for the child to be considered natural born citizen. This is a moot point considering his mother was born and resided in the US, his father was attending school in the US. However i know there has been several attempts to answer the question concerning illegal immigrants coming to america for the sole purpose of delivering their child in america.
Maybe i'm missing something, where is this written?
Where is that written in the constitution. I just looked at the 14th amendment and found nothing stating that both parents must be US Citizens, it states that the parents have to reside in the Untied States for the child to be considered natural born citizen. This is a moot point considering his mother was born and resided in the US, his father was attending school in the US. However i know there has been several attempts to answer the question concerning illegal immigrants coming to america for the sole purpose of delivering their child in america.
Maybe i'm missing something, where is this written?
The Constitution does not really define "natural born citizen." Kooter is looking at precedent and some court cases for his definition. However, the Supreme Court, if they hear any of these cases, can define "natural born citizen," and I suspect the definition would make President Obama a natural born citizen.
Where is that written in the constitution. I just looked at the 14th amendment and found nothing stating that both parents must be US Citizens, it states that the parents have to reside in the Untied States for the child to be considered natural born citizen. This is a moot point considering his mother was born and resided in the US, his father was attending school in the US. However i know there has been several attempts to answer the question concerning illegal immigrants coming to america for the sole purpose of delivering their child in america.
Maybe i'm missing something, where is this written?
Article II, Section 1, Clause 5 (I think) of the U.S. Constitution.
A child of a two American citizens who is born on U.S. soil is eligible to be President.
The Constitution does not really define "natural born citizen." Kooter is looking at precedent and some court cases for his definition. However, the Supreme Court, if they hear any of these cases, can define "natural born citizen," and I suspect the definition would make President Obama a natural born citizen.
And case law, e.g. United States v. Wong Kim Ark
"...they said, in their holding that Wong Kim Ark was a “citizen”. They never said he was a “natural born citizen.” They could have said that but they didn’t. Furthermore, in Justice Gray’s discussion of the “Minor” case, it was explained that a NBC [natural born citizen] was a person born in the U.S. to parents(plural - meaning both parents) who were(verb - plural use vs singular use) citizens(plural - meaning both)…"
There is no precedent to support Kooter's view. Precedent supports being born in US makes one a natural born citizen. The birthers misread the cases and rewrite the Constitution in their minds to support their needs.
"...they said, in their holding that Wong Kim Ark was a “citizen”. They never said he was a “natural born citizen.” They could have said that but they didn’t. Furthermore, in Justice Gray’s discussion of the “Minor” case, it was explained that a NBC [natural born citizen] was a person born in the U.S. to parents(plural - meaning both parents) who were(verb - plural use vs singular use) citizens(plural - meaning both)…"
My advice...
If you have ANY itention of going to law school to become a lawyer - DON'T QUIT YOUR DAY JOB!!!
If you have ANY itention of going to law school to become a lawyer - DON'T QUIT YOUR DAY JOB!!!
Day job! What day job? Law school! That was well over the decades ago!
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Law school! That was well over the decades ago! 