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Rep. Bingham commenting on Section 1992 said it means “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))
Bingham subscribed to the same view as most everyone in Congress at the time that in order to be born a citizen of the United States one must be born within the allegiance of the Nation. Bingham had explained that to be born within the allegiance of the United States the parents, or more precisely, the father, must not owe allegiance to some other foreign sovereignty (remember the U.S. abandoned England’s “natural allegiance” doctrine). This of course, explains why emphasis of not owing allegiance to anyone else was the affect of being subject to the jurisdiction of the United States.
That may have been true in 1866 when this Bingham was a rep, but it's not true now. The law of the land has been posted several times on this very thread. Read it and weep!
I suggest you read Congressman Bingham's comments regarding the intention of the 14th Admendment.
He states the father must be an US citizen
Bingham had explained that to be born within the allegiance of the United States the parents, or more precisely, the father, must not owe allegiance to some other foreign sovereignty.
Chairman of the House Judiciary Committee, James F. Wilson of Iowa, added on March 1, 1866: “We must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except … children born on our soil to temporary sojourners or representatives of foreign Governments.”
The phrase “temporary sojourners” referred to those in the country for purposes of work, visiting or business and who had no intention of taking the steps to become citizens, or incapable by law.
"That may have been true in 1866 when this Bingham was a rep, but it's not true now. The law of the land has been posted several times on this very thread. Read it and weep!"
If it is not the law of the land..why is the 14th Amendment being posted on this thread as proof Obama is a natural born citizen??
"That may have been true in 1866 when this Bingham was a rep, but it's not true now. The law of the land has been posted several times on this very thread. Read it and weep!"
If it is not the law of the land..why is the 14th Amendment being posted on this thread as proof Obama is a natural born citizen??
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(A "national" is a person who is considered under the legal protection of a country, while not necessarily a citizen)
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.
I suggest you read Congressman Bingham's comments regarding the intention of the 14th Admendment.
He states the father must be an US citizen
Bingham had explained that to be born within the allegiance of the United States the parents, or more precisely, the father, must not owe allegiance to some other foreign sovereignty.
Chairman of the House Judiciary Committee, James F. Wilson of Iowa, added on March 1, 1866: “We must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except … children born on our soil to temporary sojourners or representatives of foreign Governments.”
The phrase “temporary sojourners” referred to those in the country for purposes of work, visiting or business and who had no intention of taking the steps to become citizens, or incapable by law.
May I ask why you are quoting the opinions of learned men during a time when a woman was unable to own property or vote?
Such misogynist, patriarchial views have been erased from the US long before even BHO's grandparents were born.
Neither the Constitution, US Code, or Immigration Laws at no time specified that preference was given to the father. I of course invite you to site examples from any of those areas to substantiate your views.
And could you explain why you keep referencing from a theocratic site?
The Plain Truth: Defining Natural-Born Citizen (http://www.plaintruth.com/the_plain_truth/2009/07/defining-natural-born-citizen.html - broken link)
"That may have been true in 1866 when this Bingham was a rep, but it's not true now. The law of the land has been posted several times on this very thread. Read it and weep!"
If it is not the law of the land..why is the 14th Amendment being posted on this thread as proof Obama is a natural born citizen??
What is being posted is title 8, Section 1401 of the US Code. It matters not one whit what this Bingham guy thought in 1866. This is the law now.
that ship has sailed already. obama doesnt have to prove his eligibility. end of story.
They'll never win in any conventional context. "Winning" to these people is probably more akin to a Karl Rove maneuver, ie say it until people believe it's the truth.
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