jillian
Princess
Then explain anchor babies.
Anchor babies can't run for president.
Unless your insinuating obama is an anchor baby this is not exactly relevent to the subject of this thread.
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Generally, your sentiments are correct . . . well, almost, except for the 230-years thingy. Try 109 years, from the time at which the Constitution became operational (1789) to the time at which the Wong Kim Ark decision was handed down (1898).
In the past, prior to Wong Kim Ark, Congress required that one be born of the blood of the nation in order to be a natural-born citizen regardless of where one was born. Anyone born on American soil and "subject to the jurisdiction thereof" is a natural-born citizen since Wong Kim Ark regardless of the parents' nationality.
Wong Kim Ark's parents were not citizens of the United States, but citizens of China at the time of his birth; howbeit, they were residing in the United States legally. Wong Kim Ark was never naturalized. Hello!
Anchor babies are a gray area, but only because of the dunderheaded decision of Wong Kim Ark in which the Court failed to definitively establish whether or not the offspring of persons residing in the United States illegally are in fact subject to the jurisdiction thereof. Contrary to the belief of many, neither Congress nor the Court has ever emphatically legislated or ruled on that particular question.
But the distinction is moot after these many decades, as in lieu of the federal government's silence on the matter, the several states have recognize all persons born on U.S. soil to be citizens at birth so long as they are not the offspring of foreign officials. Though it be constitutionally ass backwards, so does the federal government by default.
Hence, tragically, anchor babies certainly can run for the office of the presidency. . . .
Natural-born citizenship goes to the moment of conferral. Persons upon whom citizenship is conferred at the moment of birth are natural-born citizens. Naturalized citizens are those upon whom citizenship is conferred after birth. That is the definitive distinction. Those upon whom citizenship at birth can be conferred is spelled out by Congress relative to the constitutional requirement that the claim ultimately rests, either directly or indirectly, on the soil of the nation.
That last assertion will confound many as they read on and fail to carefully think their way through to the ultimate essence of natural-born citizenship. Hint: jurisdiction.
Now, could Congress pass a law tomorrow barring all future anchor babies from citizenship, emphatically declaring that such are not subject to the jurisdiction of the United States? Sure. There have been a small handful of such proposals over the years.
It would most certainly be challenged in the courts though.
Would it hold up? In my opinion it should as long as the prohibition did not apply retroactively, as neither the Constitution nor case law allows Congress to strip one of one's citizenship once it has been conferred without due process relative to certain acts of expatriation.
On the other hand, it's as likely as not that the Court would strike it down. Practically (political realities), as a result of the decision of Wong Kim Ark, the only thing that would stand would be a constitutional amendment.
Prior to Wong Kim Ark, Congress held that one had to be born of both the blood and the soil of the nation in order to be a citizen at birth, i.e., a natural-born citizen, wherein citizenship at birth included those born abroad of natural-born parents (jus sanguinis, i.e., the law of the bloodline). That is to say, "the soil of the nation" was imputed to such offspring via "the blood of the nation" based on the parent's prior claim on the soil. Keep in mind, however, that the conferral of natural-born status upon those born abroad of U.S. citizens must be provided for by extant law, as natural-born status via the law of the bloodline is a legislative prerogative, not a constitutional requirement.
Finally, in my opinion, Wong Kim Ark was a bad decision, not only because the Court failed to definitively established whether or not the offspring of illegal residents were subject to the jurisdiction of the United States, but also because for the first time in constitutional history (regardless of the bogus rational of a so-called common-law tradition) the Court declared, in defiance of constitutional precedent, which established a unique requirement, a departure from English Common Law, and in defiance of congressional directive, that said jurisdiction pertained to the soil of the nation only!
But the CourtÂ’s agenda-driven majority was comprised of persons who were akin to the "progressives" of today.
I loath leftists.
I appreciate the fact that careless readers and thinkers, particularly those with wrongful notions about what does and does not constitute the United States' jurisdiction for constitutional purposes relative to the soil of the nation, will imagine a contradiction in the above.
Study to show thyself approved: Prufrock's Lair: Righting the Confusion of Citizenship and Nationality: The Facts, The Myths and Other Riddles
so many words.... so much stupidity.
