What is a natural born citizen? (lawyer, visa, government, laws)

[whogo]

Originally Posted by DRob4JC

While some constitutional issues are truly difficult, with framing-era sources either nonexistent or contradictory, here, the relevant materials clearly indicate that a “natural born Citizen” means a citizen from birth with no need to go through naturalization proceedings. The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British common law and enactments of the First Congress. Both confirm that the original meaning of the phrase “natural born Citizen” includes persons born abroad who are citizens from birth based on the citizenship of a parent.

Harvard Law

End of debate.

[Ohky0815]

Originally Posted by MJJersey

What about born by C-section like Chelsea?

Having a c-section doesnt make it any less of a birth. natural or otherwise.

[Salmonburgher]

Originally Posted by MJJersey

The constitution makes this a requirement for the presidency. But what does it mean? Can you be born in Canada to a US citizen like Cruz? Can you be an anchor baby? What about born by C-section like Chelsea? I think it means what it says - natural birth to two US citizens in the US.

Where in the Constitution does it say that?

It doesn't.

I am fairly confident that a natural born citizen is simply a person who attains US citizenship at birth and does not need to attain citizenship by naturalization.

[Salmonburgher]

Originally Posted by DRob4JC

While some constitutional issues are truly difficult, with framing-era sources either nonexistent or contradictory, here, the relevant materials clearly indicate that a “natural born Citizen” means a citizen from birth with no need to go through naturalization proceedings. The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British common law and enactments of the First Congress. Both confirm that the original meaning of the phrase “natural born Citizen” includes persons born abroad who are citizens from birth based on the citizenship of a parent.

Harvard Law

Here is an even more convincing (and very informative and interesting) argument that the above is correct.

[lunetunelover]

Originally Posted by LuckyGem

Anyone born abroad on a military base are born on US Soil.

Just like an Embassy is a small plot of foreign soil in the nation they are being hosted by.

I'm not challenging that at all. OP seems to think that a child born to service men and women overseas would not be a natural born citizen. I'm simply disagreeing with that interpretation.

[Salmonburgher]

Originally Posted by wrecking ball

your belief that the "straightforward" meaning of NBC is born in the US to 2 citizen parents has been directly rejected by the courts. see pupura/moran v obama, ankeny v daniels ( among others ).

As it should properly have been rejected!

A year after the Constitution was adopted, Congress passed the first law that established a "uniform rule of naturalization": The Act of March 26, 1790. The act was just the first in a series of laws addressing the issue of naturalization, which is a companion to the question of immigration, or admitting people from abroad to live in the United States. The 1790 law set the tone for such laws for well over a century.

Originally Posted by 1790 Naturalization Act (An act to establish an uniform rule of naturalization)

And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens...

[wrecking ball]

Originally Posted by lunetunelover

I'm not challenging that at all.

i am because it isn't true. see my previous post on the subject.

[LuckyGem]

Originally Posted by katzpaw

So if mom can't make it back to base and the child is born in a local hospital then it is not a US citizen?

The kid is a US citizen, but will claim birthright through the mother's citizenship.

You're born in a hospital in Japan you're subject to the birth laws of the nation you're born in if not born on a US military instillation.

You can claim your mother's citizenship, and you will probably be given a US passport to return to the USA, but you're not born on US soil (such as a military instillation, embassy, etc)

[eye state your name]

A natural born citizen is any person born on US soil or born to a US citizen when on foreign soil.

The two most recent opinions from Federal Courts regarding the Cruz birther cases have both relied upon the definition used in the Naturalization Act of 1790. Although the act was later rescinded, this is the only place where Natural Born Citizen is specifically defined the meaning of Natural Born Citizen. The fact that this law was drafted by the 1st Congress, which included several of the founders who were involved in the crafting of the language of the US Constitution, the judges in both courts determined that the definition in the Naturalization Act of 1790 is the best, most obvious definition intended by the framers.

Therefore, the most likely answer to your question "What is a natural born citizen?" is:

And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:

[katzpaw]

Originally Posted by eye state your name

And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:

Except for illegitimate children of servicemen. US servicemen can sleep around overseas and the resulting children are only US citizens if the father acknowledges the child and agrees to support it.