“Proof” of Citizenship Required Vetting Process to Place Mother in Nursing Home

Discussion in 'Politics' started by Buffalo Roam, Oct 25, 2008.

  1. Orleander OH JOY!!!! Valued Senior Member

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    The parents have to be natural born citizens? So a child of an immigrant can't be president? Where was that in the rules?
     
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  3. Buffalo Roam Registered Senior Member

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    If the child is born in the United State:

    Birthright citizenship in the United States of America follows from a hybrid rule of jus soli and jus sanguinis. Under the American system, any person born within the United States (including the overseas territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands) and subject to its jurisdiction is automatically granted U.S. citizenship, [1] as are many (though not all) children born to American citizens overseas.

    When accorded automatic birthright citizenship based on birth on American soil, a newborn's status is generally unaffected by the legal status or citizenship of that individual's mother or father.

    Throughout much of the history of the United States, the fundamental legal principle governing citizenship has been that birth within the territorial limits of the United States confers United States citizenship,[2] although the United States did not grant citizenship to all black former slaves until the passage of the Civil Rights Act of 1866, which was subsequently confirmed by the Fourteenth Amendment. American Indian tribal members are not covered specifically by the constitutional guarantee, but they were made citizens automatically by the Indian Citizenship Act of 1924.

    Federal law
    Current (as of 2006) United States Federal law defines ten categories of person who are United States citizens from birth.(8 U.S.C. § 1401) Among them are

    "a person born in the United States, and subject to the jurisdiction thereof"
    "a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe" (see Indian Citizenship Act of 1924).
    "a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States"
    People born in most of the territories of the United States are also citizens from birth. As of 2008, the only exception is that people born in American Samoa are only U.S. nationals at birth and not citizens, though they may later reside in the U.S. and apply for citizenship.

    Children born overseas out of wedlock
    There is an asymmetry in the way children born overseas to unmarried parents, only one of whom is a U.S. citizen, are treated. Children born abroad to unmarried American mothers are automatically considered natural-born citizens, as long as the mother has lived in the US for a continuous period of at least one year, anytime prior to the birth. But children born to American fathers unmarried to the children's non-American mothers are not considered natural-born citizens (or citizens at all) unless the father takes several actions:

    Provide financial support to the child until he reaches 18,
    Establish paternity by clear and convincing blood evidence,
    Acknowledge his paternity formally before the child has reached his 18th birthday
    This last element can be shown by acknowledging paternity under oath and in writing; having the issue adjudicated by a court; or having the child otherwise "legitimated" by law. USC § 1409(a).
     
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  5. Orleander OH JOY!!!! Valued Senior Member

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    so why does it matter when Obama was born?
     
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  7. Buffalo Roam Registered Senior Member

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    It doesn't matter when he ws born, it matters where he was born, and if the Laws were followed.
     
  8. Orleander OH JOY!!!! Valued Senior Member

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    sorry. Typo on my part. I meant where

    If children born abroad to American mothers are automatically considered natural-born, why would it matter where he was born?
     
  9. Buffalo Roam Registered Senior Member

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    Only if that Mother is unwed, and Obama's mother was married, and in most countries, the nationality of the Father in a legal marriage takes precedent as to the nationality of the child, unless action is taken to register the child with the American Embassy and register the Child as a American.

    Jus Soli cannot be a rational for Citizenship, if he wasn't born on American Soil, and Jus Sanguinis, is not applicable because his father was a Kenyan National.

    That is why the Vault Birth Certificate is so important, it will tell exactly where Obama was born.

    Obama if he was born in Kenya, has a problem, first with Jus Soli, and secondly with the Fact that his mother was in a legal marriage with a Foreign National of Kenya.

    The Funny thing is that Obama's citizenship may not be Kenyan, it actually may be British:

    http://kenya.rcbowen.com/constitution/chap6.html#89

     
  10. Orleander OH JOY!!!! Valued Senior Member

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    So if an American woman is married to a non-citizen and she doesn't give birth to them in America, her children are not American? She has to be un-wed to have Americans?
     
  11. Buffalo Roam Registered Senior Member

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    Yes, in a marriage the Father as head of the family in most countries is the determining factor in citizenship, of children, with out a Father, no cross interest in the nationality of the child.

    But the Mother or the Father, if one is a American Citizen in a marriage to a foreign national can protect the Birthright as a American Citizen by report the Birth to the Consulate or Embassy, and getting a Consular Report of Birth FS-240.
     
  12. spidergoat Venued Serial Membership Valued Senior Member

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  13. TW Scott Minister of Technology Registered Senior Member

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    Actually, not true. There is NOBODY who checks these things. Congress sure as hell doesn't otherwise we would hear of the hearing. They donlt fart without issuing a statement.

    Now there is some questions as he claims to have visited countries that at the time he claims to have been there would not allow anyone in with an US passport. Now he could be misremembering but I doubt it.
     

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