Quote:
Originally Posted by HistorianDude
If they had taken it to court, then they would have been declared citizens too.
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That may not be true. The circumstances of their births were never examined and ruled upon in court.
The fact remains that the U.S. denied birthright citizenship to those born in the U.S. whose fathers were aliens at the time of their births, per the 14th Amendment. Anyone who didn't meet the "subject to the jurisdiction" requirement defined by both the Amendment's citizenship clause's author and the Judiciary Committee Chairman as recorded in the Congressional Globe was denied birthright citizenship
regardless of race.
Two European-descent cases:
Secretary of State Frederick Frelinghuysen determined Ludwig Hausding, though born in the U.S., was
not born a U.S. citizen because he was
subject to a foreign power at birth having been born to a Saxon subject alien father.
Similarly, Secretary of State Thomas Bayard determined Richard Greisser, though born in Ohio, was
not born a U.S. citizen because Greisser's father, too, was an alien, a German subject at the time of Greisser's birth. Bayard specifically stated that Greisser was at birth '
subject to a foreign power,' therefore
not "subject to the jurisdiction of the United States" within the meaning of the Fourteenth Amendment.
A Digest of the International Law of the United States: Taken from Documents ... - Google Books
U.S. v. Wong Kim Ark:
"the said Wong Kim Ark, although born in the city and county of San Francisco, State of California, United States of America, is not, under the laws of the State of California and of the United States, a citizen thereof, the mother and father of the said Wong Kim Ark being Chinese persons and
subjects of the Emperor of China, and the said Wong Kim Ark being also a Chinese person and a
subject of the Emperor of China."
Note the similarity in the cases in which birthright citizenship was denied:
subject to a foreign power.
Civil Rights Act of 1866:
"all persons born in the United States
and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States"
14th Amendment:
"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."
Judiciary Committee Chairman stating what the 14th Amendment's "subject to the jurisdiction" requirement means:
"The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘
subject to the complete jurisdiction thereof.’ What do we mean by ‘
complete jurisdiction thereof?’
Not owing allegiance to anybody else. That is what it means."
The author of the 14th Amendment's citizenship clause, Senator Howard, agreed:
"I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word "jurisdiction," as here employed, ought to be construed so as to imply a full and
complete jurisdiction on the part of the United States."
As to the matter of
jurisdiction...
The U.S. asserts
JURISDICTION to tax on the basis of two factors: source of income, and citizenship. If a foreign individual or corporation receives income from a U.S. source, that income is subject to tax.
If a U.S. citizen living abroad received income from a foreign source, that income is subject to tax merely because of the U.S. citizenship of the receiver. The IRS Office of Assistant Commissioner (International) has primary
jurisdiction for overseas taxpayers.
Thus we have a perfect example of
WORLDWIDE JURISDICTION over a country's citizens within a certain area: The U.S. taxes the foreign-source income of U.S. citizens living abroad.
The same principle applies to the U.K.'s birthright citizenship law (in Obama's case, the British Nationality Act of 1948). The U.K. had
WORLDWIDE JURISDICTION to bestow automatic British citizenship at birth to any child born worldwide to a British father provided that the father of such a person is not a citizen of the U.K. by descent only.
Obama was born a Brit via his alien father. The DNC has already admitted that the British Nationality Act of 1948
"governed" (
exact quote) his status. As such, Obama was
NOT under the
complete jurisdiction of the U.S. at birth, as required by the 14th Amendment and confirmed by the citizenship clause's author. Obama was born under the U.K.'s citizenship jurisdiction, both
subject to a foreign power and
owing allegiance to somebody else.
Had Obama's father been permanently domiciled in the U.S. at the time of his birth, according to U.S. v. Wong Kim Ark, he
may have a claim to legal birthright citizenship. But we know his father was only in the country on a "temporary stay" (exact quote from his 1961 DoJ form), so the circumstances of Obama's birth don't meet the requirement of parents' permanent domicile in the U.S.
Given the above, Obama doesn't have a claim to legal birthright U.S. citizenship.
If you don't like that,
work to amend the Constitution so that people born under Obama's circumstances
are legally U.S. citizens and even go a step further to try to make them POTUS eligible, as well. Advocating
ignoring the Constitution is
not an option unless you have no problem with losing any of your Constitutional rights like free speech (1st Amendment) and protection from unreasonable government intrusion into people's, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses (4th Amendment).
Ignore the 14th Amendment and what's
next on the "let's ignore the Constitution" agenda? The 1st Amendment? The 4th Amendment?
They're ALL at risk of being ignored if any of them are ignored and the government gets away with it.
Think about that
very carefully, HD. Be
sure that
voiding the Constitution and therefore our Constitutional rights is really what you want to accomplish by stomping your feet and insisting Obama is eligible when he clearly ISN'T.
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