The Mudcat Café TM
Thread #123724   Message #2930678
Posted By: Ebbie
18-Jun-10 - 02:30 PM
Thread Name: BS: A birther in the Court
Subject: RE: BS: A birther in the Court
I got to wondering just what the final word is on 'natural born' and found this (I will no longer pay any attention to the slime among us):


"As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do (sic) create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. 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
*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.

* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

***Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example."

UNnatural must mean Formal Naturalization