I am not a US Citizen, I am a natural born Citizen, so how do I designate this on government forms? This is al?
already in supreme court holdings Minor v. Happersett holds no 14th amendment statutory citizen is ever a natural born citizen, which is why it's not in the definitions listed under US Code 1401 (nor is the term).
So since I am not just a mere statutory US Citizen, how do I designate this?
- 10 years agoFavorite Answer
You are right, Minor v. Happersett holds that natural born Citizens are not defined by the 14th amendment because the 14th was already in the Constitution for 6 years prior to Minor's holding, and Minor says that the definition of natural born Citizen is not in the 14th which was already in the Constitution.
So, that being said, whatever the 14th IS is what natural born Citizen is NOT.
So, since US Code 1401 and the 14th define statutory US Citizens, you cannot be a statutory citizen and you are something entirely different if both your parents were US citizens and you were born on US soil...you are a "natural born Citizen" and eligible to be president...
UNLIKE the USURPER who is fraudulently occupying the White House.
- Whatever4Lv 710 years ago
Have you READ Minor? Where does it say what you claim? It is a voting rights case, not a citizenship case. Minor didn't HAVE to decide anything about natural born citizens, and it didn't. It found Minor was a citizen. It DID say that the definition of natural-born hadn't been decided yet, "Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts." Nothing about statutory citizens.
Fortunately, those doubts were settled 23 years later in United States v. Wong Kim Ark. "It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born. III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established."
WKA goes through an entire history of why natural born means birth on US soil, parental status doesn't matter. There are only 2 kinds of citizens -- natural born and naturalized. Minor says "Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization." "Thus new citizens may be born or they may be created by naturalization." THAT'S why USC 8.140 says "The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof;" That's the definition of natural-born citizen -- a citizen at birth. Parental citizenship doesn't matter.
ADDED:You might be interested in Schneider v. Rusk (1964) "We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity and are coextensive. The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President." So you are a US citizen. (Also see Craig v. US, which is point on for your claim. http://nativeborncitizen.wordpress.com/2009/09/04/... )Source(s): Minor: http://www.law.cornell.edu/supct/html/historics/US... WKA: http://www.law.cornell.edu/supct/html/historics/US...
- Anonymous10 years ago
Just don't check the box that says "US Citizen" and write in "natural born Citizen".
If both your parents are US Citizens before your birth, and you were born in the USA, you are NOT a statutory citizen, you are only a natural born Citizen.
- Anonymous10 years ago
You are a citizen, but if you were born overseas (my case) you just can't run for president.
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- Warren TLv 710 years ago
IF YOU WERE EVER BORN IN THIS COUNTRY OR YOU HAVE BEEN NATURALIZED, YOU ARE A CITIZEN OF THIS COUNTRY