Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

The term Natural Born Citizen is found NOWHERE in the 14th amendment; so other than the codified definition,?

what do you bots conceive of it being (assuming human parentage)?

In Marbury v Madsen, NO part of the Constitution can be ignored, and the term “OR” in A2s1cl5 means a natural born citizen definition can NEVER be in the 14th, consistent with Minor v. Happersett. So really ALL you're left with is Vattel's definition in The Law of Nations.

Unless you geniuses have concocted something other than jus soli jus sanguinis. We're all ears!!

Well???

Update:

James, please do tell where you read that, because it's not in SCOTUS precedent nor the Constitution, we all want to know where you're making thisshit up!

Update 2:

James only natural born citizens (birthright) not citizens (by statute) can constitutionally be president. So please enlighten us why you think citizens alone can be president versus natural born citizens? We await.

Update 3:

homegirl, really this is waay over your silly little head, and of course McCain was neither a natural born citizen

Update 4:

james, again, citizens cannot be president Article II s.1 clause 5, stop pretending to be so stupid

Update 5:

DAR this is a coup and the courts are irretrievably corrupted, I only pursue this for the historic sake of it all

Update 6:

Information Police: First, Wikipedia is crap, here I'll go over there and change everything ... OK I'm back (see anyone can). Second, the reason Jackson was eligible was because Article II s.1 cl 5 allowed mere citizens to be POTUS IF alive at the time of ratiication. Zachary Taylor also fit this description...so that's a nonpoint. Third, there have been 7 scotus legal precedents which define natural born citizen, the most obvious is Minor v. Happersett which not only defines a natural born citizen but also says any 14th amendment citizens CANNOT be natural born citizens, since the 14th was put in 6 years prior to MvH.

Obama is clearly not a natural born citizen.

Update 7:

Jason, good one! Where'd you make that one up? On the way to the grocery store?

Update 8:

quizzard, you are right, and what the bots are trying to do is say all 14thers are NBC, which via A2s1cl5 they cannot possibly be by the term "OR".

Update 9:

demos_jo...Arizona was a territory of the USA it was "in country" and not a foreign country

8 Answers

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  • 1 decade ago
    Best Answer

    Marbury vs Madsen? I'm not familiar with that case. Do you mean Marbury vs Madison?

  • The phrase natural born citizen is not in the 14th amendment, no. That is because it was already in Article 2 of the Constitution. I'm not sure what more significant reference you want?

    Or your point, for that matter. Nobody is disputing that the President must be a Natural Born Citizen, are they?

  • 1 decade ago

    the Consitution does not define what a natural born citizen is, but there is a lot of case law and rulings around this issue. some is summarized here: http://en.wikipedia.org/wiki/Natural_born_citizen

    The important thing is that there is NO legal opinion ever written which would say that Barrack Obama is NOT a natural born citizen, qualified to be President of the United States.

    The precedents for qualifications for president were made long ago. Andrew Jackson was elected President and both of his parents were born in Ireland and were not US citizens when he was born. Chester A Arthur, likewise, had parents who were not US citizens and he was elected Vice President and was elevated to the Presidency after the death of the President.

    So, please cite YOUR legal reasons and precedents.

  • DAR
    Lv 7
    1 decade ago

    The supreme court hasn't fully defined it, but do you think they will take the restrictive view?

    You have a legal argument, but I doubt the court will even take it up. I'm not saying that is right, I found it shocking the court didn't think citizens had standing on this issue. However, it will be up to the Supreme Court to define the details of what natural born means.

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  • ?
    Lv 6
    1 decade ago

    Undefined terms take their common meanings. Natural born citizen clearly means citizen automatically at birth rather than naturalized. By law, one is automatically a citizen if born on US soil. That's the long and short of it. The 14th Amendment doesn't even enter into it.

    Edit:

    Someone born on US soil is a US citizen by birthright, ergo natural born citizen. The fact that an act of Congress makes this so or that a similar act of congress could make it otherwise is irrelevant. A person born on US soil is automatically a citizen and no act of Congress or the courts could unmake that person a citizen.

  • ?
    Lv 5
    1 decade ago

    These words are meant to be interpreted literally, not legalistically.

    A 'born citizen' is a 'citizen from birth' in the same way a 'born painter' is a 'painter from birth'.

    Since the term 'citizen' is very well-defined by Congress, so the term 'born citizen' is equally well-defined.

  • 1 decade ago

    The issue was settled in 1964 when Barry Goldwater ran for President against Lyndon Johnson. But, of course, it's still all a vast conspiracy by all the courts to fool every one of us, and nobody, I mean NOBODY, is smart enough to catch it. Until now. All hail Justsolly or whatever his name is, for awakening 300 million Americans to what he alone hath seen.

  • Anonymous
    1 decade ago

    If this question is in reference to the questions about President Obama's American citizenship, it is moot. Barack Obama was born in Hawaii, a state in the American union.

    Or is this question in reference to John McCain who was born in Panama?

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