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post #21 of 22 (permalink) Old 07-12-2008, 11:20 PM
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Originally Posted by isthisdave View Post
Wrong. Any child born of parents who are U.S. citizens is in fact a U.S. citizen, period.

My cousin was born in a Japanese hospital in Takasaki, Japan and has the same citizenship as afforded myself, and I assume, you.
that's strange as i know a few folks born to us citizens/service people outside of the states and every single one of them had to be naturalized. i bet your cuz's folks had to fill out appropriate paperwork at some point in time and neither you nor your cuz may be aware of that.

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post #22 of 22 (permalink) Old 07-13-2008, 07:10 AM
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Originally Posted by mzsmbs View Post
that's strange as i know a few folks born to us citizens/service people outside of the states and every single one of them had to be naturalized. i bet your cuz's folks had to fill out appropriate paperwork at some point in time and neither you nor your cuz may be aware of that.

Why? It seems the precedent was set in 1790. To think that some would seek to deny 'natural born' status to someone born of U.S. citizens is about as un-American as it gets. It is a moot point as regards both Barama and McCain

Naturalization Act of 1790
From Wikipedia, the free encyclopedia

The original United States Naturalization Law of March 26, 1790 (1 Stat. 103) provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to aliens who were "free white persons" and thus left out indentured servants, slaves, free African-Americans, and later Asian Americans.

The 1790 Act also limited naturalization to persons of "good moral character"; the law required a set period of residence in the United States prior to naturalization, specifically two years in the country and one year in the state of residence when applying for citizenship. When those requirements were met, an immigrant could file a Petition for Naturalization with "any common law court of record" having jurisdiction over his residence asking to be naturalized. Once convinced of the applicant’s good moral character, the court would administer an oath of allegiance to support the Constitution of the United States. The clerk of court was to make a record of these proceedings, and "thereupon such person shall be considered as a citizen of the United States."

The Act also establishes the United States citizenship of children of citizens, born abroad, without the need for naturalization, "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".

Despite its racial restriction to "free whites," the Act was radical for the ease with which European immigrants could gain U.S. citizenship for themselves. Moreover, the U.S. extended full citizenship to Catholics 50 years before Great Britain and to Jewish immigrants before the French Revolution had done so. Nonetheless, racial barriers were put in place for certain immigrants, which were not removed until 1870 (for Africans) and until 1952 (for East and South Asians).

The Act of 1790 was superseded by the Naturalization Act of 1795

Naturalization Act of 1790 - Wikipedia, the free encyclopedia

US legislation and legal arguments

All persons born in the United States, except those not subject to the jurisdiction of the U.S. government (such as children of foreign diplomats) are citizens under the Fourteenth Amendment. Persons born in the United States, and persons born on foreign soil to two U.S. parents, are born American citizens and are classified as citizens at birth under 8 USC 1401. There is some debate over whether persons who were born US citizens and are classified as citizens at birth under U.S. law should also be considered citizens "by birth," or whether they should all be considered to be "naturalized." There is also some debate over whether there is a meaningful legal distinction between citizens "at birth" and citizens "by birth" since U.S. law makes no such distinction, nor does the Fourteenth Amendment use the term "at birth." Current U.S. statutes define certain individuals born overseas as "citizens at birth."[10] One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. According to this view, in order to be a "natural born citizen," a person must be born in the United States; otherwise, he is a citizen "by law" and is therefore "naturalized."[11] Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."[12] However, this does not affect those who are born abroad to U.S. citizens and who otherwise meet the qualifications for citizenship at birth.[13]

Natural-born citizen - Wikipedia, the free encyclopedia
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