Quote:
Originally Posted by headingtoDenver
So, if your mother decided to take a trip to Canada while pregnant with you and ultimately gave birth to you while in Canada, are you saying that you would not be able to run for President? I think you need to go back to school.
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The problem is that being born outside the U.S. in a country with birthright citizenship, and/or to a foreign citizen parent whose country of nationality has jus sanguinis (right of blood) citizenship laws
regardless of place of birth, automatically confers
conflicting citizenship and allegiance, which sets up a host of other problems.
The only thing that matters and the reason why those born a dual (or more) citizen are precluded from eligibility for POTUS via the natural born citizen clause is because the Founding Fathers correctly recognized that the foreign country has the valid legal right to assert
their country's laws upon the born dual (or more) citizen individual at any time regardless of where they are, worldwide.
Prime example: the U.S. citizens impressed into service for the British Royal Navy leading up to the War of 1812. Many if not most of those men were born in the U.S. to at least one parent who had formerly been a British subject and were therefore dual U.S. and British citizens at birth. They were subject to British law even if they had never left the U.S., and the UK had (and still has) the legal international right to enforce their own laws on their own subjects/citizens.
The US State Dept
to this day warns about
this very same problem afflicting any and all who were born dual citizens or later become dual citizens at some point in their life:
Quote:
"Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice.
...The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. nationals may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist nationals abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.
However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there."
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Dual Nationality
What happens when a foreign country similarly impresses a born dual citizen POTUS into service for them, as
they most certainly would have the legal right to do under international law?
That's what the Founding Fathers were trying to avoid with the 'natural born citizen' requirement. They wanted POTUS to have
no split, dual, or otherwise compromised allegiance from birth to prevent that possibility.
Pretty simple, really. And extremely reasonable to require a POTUS and the Commander in Chief of our military to have 100% allegiance to the U.S. from birth, with
no competing/conflicting foreign claims on his/her allegiance or service.