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Title: The Actual US Citizen By Birth Law
Source:
United States Code Title 8 Chapter 12
URL Source: http://caselaw.lp.findlaw.com/casec ... i/sections/section%5F1401.html
Published: Mar 22, 2009
Author: US Congress
Post Date: 2009-03-22 19:43:01 by war
Keywords: None
Views: 1756
Comments: 62
United States Code U.S. Code as of: 01/03/05 Section 1401. Nationals and citizens of United States at birth The following shall be nationals and citizens of the United States at birth:
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER III - NATIONALITY AND NATURALIZATION
PART I - NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) 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;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
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#20. To: nolu_chan (#19)
Thanks. If parents didn't get here legally, neither did the womb-load. The sperm donor--assuming that baby daddy is who they insist he was--is dead. So is the ho that carried the little felon.
Liberty is not a means to a higher political end. It is itself the highest political end. Where do the Feds get the power to buy and run private companies? I can't find that power anywhere.
I'm sorry, but that answer is incorrect. Thank you for playing. The correct answer is "eligible for permanent residency" - but still does not automatically grant it (it must be applied for and can be denied). Citizenship comes after meeting qualifications including residency and must be applied for AFTER permanent residency and it can be denied.
Recession is when your neighbor loses his job. Atlas is now shrugging. That may be so; otoh, each state determines their own requirements. What goes in Hawaii isn't the same as in Arizona. And whatever the laws are in Hawaii, from what I read, have only taken effect fairly recently. Back around the time Obama was born...there were also statehood issues, so it's possible the laws then were vastly different than they are now.
The Fourteenth Amendment is not considered subject to any state's laws. I do grasp your point but I don't think you can find much in the way of differences between states on citizenship since a few years after the War Against Southern Independence.
Hawaii was not a state until 1959. Whatever laws were in place prior to statehood were different; some may have been grandfathered as part of whatever agreements were arrived between the US and Hawaii. "Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged." Joint Resolution Annexing Hawaii to the United States Approved July 7th, 1898.
http://www.hookele.com/non-hawaiians/newlands.html
Ah, you make a good point. Hawaii came late to statehood/citizenship. If you check, all the other U.S. island possessions came earlier though the attempt by Congress to annex the Filipinos failed to pass. I've never studied it that much but I suspect trying to swallow such a huge overseas colony was more than Congress could tolerate. It's not some dinky island with a few thousand people on it and it was very near some possibly hostile powers like Japan proved itself to be. At any rate, the Usurper is generally considered to have been born after Hawaii became a state.
As just an opinion, and everyone is entitled to their own, I believe Obama was born in Hawaii and is a natural born citizen. The publicly available information is insufficient to prove, or disprove, his status.
Alexander Hamilton, John Marshall, and the Radical Republicans of the WBTS era. The all-powerful executive created by Lincoln was -- all powerful. The power was established from the point of a gun, and given the forms of law. The existing federal union was effectively destroyed and replaced with a national union.
[litus #24] That may be so; otoh, each state determines their own requirements. U.S. Const., Amdt 14: "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." The amendment took away the power of a state to determine who was, or was not, a citizen of a state. The effect was to smash the idea of state sovereignty. Retroactivity would not seem to affect natural-born citizen status. If not born a citizen, a law with retroactive effect would bestow citizenship but could not make someone a citizen at birth. Opinions may vary.
Justies have long been loathe to apply the Common Law to constitutional issues to he point of one justice observing, in a co-joined majority opinion, that there is no Constitutional common law. And while I will stipulate that the Court has heard cases that were based in common law and thus decided in common law, I have yet to see one in which they decided a case by using common law to override statutory law. In this case, the statute makes no bifurcation in US citizen by birth. Unless you are advocating an activist judiciary, there is no material basis for a court to do so.
"Size of..."
Hawaii was a state in th Union at the times of Obama's birth. Your point, while midly interesting, is moot in regards to this issue.
Citizenship comes after meeting qualifications including residency and must be applied for AFTER permanent residency and it can be denied. You rebuttal is "he was not eligible for citizenship as he was eligible for citizenship"? "Eligible" means what to you?
I believe you may be thinking of Brandeis who wrote a majority opinion saying there is no Federal general common law. http://laws.findlaw.com/us/304/64.html U.S. Supreme Court Argued Jan. 31, 1938. Mr. Justice BRANDEIS delivered the opinion of the Court. 304 U.S. 64 at 78
And Braneis occupied his seat on the Supreme Court thru blackmail. Not hardly a man to be quoting on law.
nolu, I missed your reply the last time you visited; please tell us the names of the bureaucrats who have actually seen Obush's b/c?
Since he's the one who is withholding the information, I'll have to go with 'not legal.' I believe his Kenyan grandmother. But that's just my opinion.
Eligible means that he meets all the criteria for acceptance AND the application is not able to be denied. If there is any way that the application can be denied, then you have a person eligible to file an application, but not one that can lay claim to what the application grants. You should know this; if its not a 'done deal' then its not set.
Recession is when your neighbor loses his job. Atlas is now shrugging. So do I. Especially when you consider that his sister, or half sister, or whatever she is, named TWO different hospitals in Hawaii where he was allegedly born. He could have been born in Kenya but he couldn't be born in two different hospitals.
Liberty is not a means to a higher political end. It is itself the highest political end. I do not know of anyone named Obush. There were two presidents named Bush but I know of no bureaucrat who has seen the birth certificate of either one of them, nor any other president or candidate. I know of no federal bureaucrat appointed and empowered to act as birth certificate czar.
Possibly the greatest scam in our history if you really think about the whole thing. Not one inch of it adds up to anything other than deceit.
Not one inch of it adds up to anything other than deceit. Ranks right up there with the improperly applied "income" tax and the stupid decision made by the Supreme Court in Julliard v. Greenman that allowed the government to foist off its phony, funny money in the guise of actual money. That was in 1884. See what George Bancroft had to say about it in the introduction to A Plea For The Constitution of the United States, Wounded in the House of Its Guardians: The supreme court of the United States was endowed by our fathers with a peculiar tenure of office and high powers of jurisdiction, that it might be able to keep watch over the life and integrity of the constitution. On the third of March, 1884, without having listened to any public argument on the case which was made the occasion of its utterance, it pronounced before a crowd of listeners an opinion in these words: "The power to make the notes of the government a legal tender in payment of private debts being one of the powers belonging to sovereignty in other civilized nations, and not expressly withheld from congress by the constitution; we are irresistibly impelled to the conclusion that the impressing upon the treasury notes of the United States the quality of being a legal tender in payment of private debts is an appropriate means, conducive and plainly adapted to the execution of the undoubted powers of congress." The opinion thus confidently expressed, if it should be accepted as law, would be a death blow to the constitution; in defiance of which it not only gives a sanction to irredeemable paper money, but clothes the government with powers that have no defined limit in its relations to the people. Of the nine who composed the court, Stephen J. Field alone gave a dissenting opinion; but there stood at his side, invincible vouchers for the rightness of his dissent, James Wilson, Oliver Ellsworth, and William Paterson, all three of whom the president of the convention which formed our constitution selected from among its framers to be its earliest judicial interpreters. And with them are to be counted a cloud of witnesses, among whom are the master-builders of the constitution. Roger Sherman, George Washington, Charles Cotesworth Pinckney, James Madison, and Alexander Hamilton. The language of the court is of such import to all American industry and intercourse from the most humble to the highest, and is moreover so subversive of a republic composed of states in union, and threatens such injury to the honor and hope of republicanism throughout the world, that I have thought it right to bestow upon it many of the few hours that may remain to me for labor. The decision of the question depends upon facts which are beyond the reach of change, and which for their establishment require only the strict application of the rules of evidence to historical investigations. Liberty is not a means to a higher political end. It is itself the highest political end. Nope... It means: Eligible means that he meets all the criteria for acceptance... Eligible has explicit to its defintion "potential" but not "cetitude". Just because you are eligible for something it does not mean that you will get it.
We don't know that for certain with Obama. There is insufficient data. According to you, I can be the Irish Prime Minister because I am "eligible" for Irish Citizenship. Or Chief of the Cherokee because I am "eligible" for membership. The mere fact that I haven't put in the paperwork, according to you, means nothing, it seems.
Recession is when your neighbor loses his job. Atlas is now shrugging. I have a level of 0 when it comes to incertitude. I have no doubt that he was and is 100% eligible. On the othe rhand, I am 100% certain that this birth bullshit is a Moonbat issue.
Actually, as I understand it, your birth of an Irish parent confers, de jure, Irish citizenship on you. Although, from what i furter undetstand, while Ireland may recognize you as a citisen, the EU will not and you would have to provide extenisve documentation beyond a parent's birth.
Well, what are we supposed to call you, Prime Minister or Chief? I will call you either of those you choose but I will never call the usurper in the Ho House president.
Liberty is not a means to a higher political end. It is itself the highest political end. Amen to that.
Hey lodwick. Hope all is well with you and yours.
Liberty is not a means to a higher political end. It is itself the highest political end. The earliest appearance I have seen of your purported McCain BC is in a blog entry at the Dallas Morning News. It is attributed to Donald Lamb in Panama. He was the source of other documents produced in the case of Hollander v. McCain (dismissed). The Panama News reported in 2006 that Donald Lamb claimed Colon as his very own and notified businesses that they had to pay rent to him. His previous attempts to claim ownership of large parts of the canal zone met with the same success as his BC efforts. Lamb and his associates wound up accused of falsifying documents, usurping lands, fraud, extortion and illicit association. The Lamb document you exhibit was not provided by McCain, nor by any representative of McCain. McCain has refused to provide any birth records to the public. In Michael Dobbs' article in the Washington Post, Friday, May 2, 2008, he wrote "A senior official of the McCain campaign showed a reporter a copy of the senator's birth certificate issued by Canal Zone health authorities, recording his birth in the Coco Solo "family hospital." www.washingtonpost.com/wp...1/AR2008050103224_pf.html McCain has publicly maintained for decades that he was born on base and has not said otherwise. The Lamb documents purport that he was born in the Colon hospital in the Republic of Panama. To the best of my knowledge, there is no such thing as a U.S. Navy "family hospital." The Navy Hospital in Coco Solo was constructed in 1941. The Colon hospital was about 100 yards outside the line separating the CZ from Colon. - - - dallasmorningviewsblog.da...8/06/mccains-citizen.html McCain's citizenship still in question Dallas Morning News Blog We thought this issue was resolved, but it's now a matter for the courts, and McCain is required to defend his citizenship before a U.S. district judge. (Click on the photo to the right to view his birth certificate from Panama -- courtesy of Don Lamb in Panama.) dallasmorningviewsblog.da...s.com/mccain%20birth.html [photo] - - - moritzlaw.osu.edu/electio...ion/hollanderv.mccain.php Hollander v. McCain - - - Birth Certificate documentation as filed by Hollander, provided by Donald Lynn Lamb. moritzlaw.osu.edu/electio...in-SurreplyEx-7-21-08.pdf - - - www.obamaconspiracy.org/2...certificate-is-a-forgery/ Questioned authencity of documents provided by Donald Lynn Lamb. One note: Dr. Conspiracy asserts "McCain’s mother confirmed where he was born." I hve heard McCain's mother (on video) speak of whiskey bottles set up in the nearby club, but the Colon hospital was nearby. The Coco Solo base hospital was not constructed until 1941. - - - www.thepanamanews.com/pn/...e_02/business_briefs.html The Panama News Donald Lamb claims Colon It’s a matter of historical fact that a number of shareholders were cheated in the financial maneuvers by which the United States government acquired the French canal company and the Panama Railroad in the early years of the 20th century. The smaller shareholders in these two enterprises in many cases received nothing, and records were then destroyed. In recent years one Donald Lamb has come along, purporting to represent shareholders in the old Panama Railroad and on that basis claiming title to vast parts of the former Canal Zone and filing many nuisance suits that in the long run have not prospered in Panama’s courts. One major reason for Lamb’s notable lack of success is that the 1977 Torrijos-Carter Treaties had as their main subject matter the ownership of the former Canal Zone and arguably supersedes all prior laws and assertions of legal rights with respect to the real estate. But Lamb persists, and recently he’s been serving businesses in Colon with notices that the Panama Railroad’s lease of what is now the city has expired and that people there now have to start paying rent to him. This is a bit different than the other cases, in that ownership of the city of Colon was not at issue in the treaties. - - - www.thepanamanews.com/pn/...issue_02/news_briefs.html The Panama News Colon property owners file criminal charges against Lamb The Urban Property Chamber of Colon, a group of business and land owners in the Atlantic side province, has filed criminal charges against Donald Lamb and several of his associates. Lamb heads a group of individuals who claim to own stock in the old Panama Railroad Company, which was taken over by the US government in the early part of the 20th century as part of the construction of the Panama Canal, and which was transferred to Panama under the 1977 Carter-Torrijos Treaties. Lamb and his followers claim that the 1904 and 1977 transfers were illegal and that they thus own vast stretches of property in the former Canal Zone. They have asserted their claims to such real estate as the ports of Cristobal and Coco Solo Norte by filing numerous lawsuits and registering claims to many properties. While in a few cases Lamb and his followers have prevailed in lower courts, such favorable judgments have been overruled on appeal. Last year, in response to Lamb's activities, the Supreme Court ordered the Registro Civil to eliminate all deeds in the former Canal Zone that do not derive from ARI's master deed. One provision of the controversial concession for Colon's multi-modal transport center requires the Panamanian government to indemnify the Consorcio San Lorenzo for any legal problems that Lamb's claims cause for the development. Now attorney Alberto Navarro has begun a legal counter-offensive on behalf of the Urban Property Chamber, accusing Lamb and his associates of falsifying documents, usurping lands, fraud, extortion and illicit association in their attempts to get money or land titles from chamber members Attia & Attia, Colon 2000, Rada SA, Nirzvi SA, Oficina Quijano, Victor Lum Lee and the Panama Canal Railway Company. - - -
Interesting; I'll finish reading your post later. I haven't researched much into McRino's BC...I had no plans to vote for him wherever he was born...imho, he's no American...he's a traitor.
Actually, no, they changed that law some time ago. It has to be applied for - it is not automatic in Ireland.
Recession is when your neighbor loses his job. Atlas is now shrugging. "Hey you" works just fine.
Recession is when your neighbor loses his job. Atlas is now shrugging. PING... You can breathe easier, FF< you're not a dual...
Ireland also got rid of birthright citizenship; merely being born on Irish soil does not confer citizenship. They also changed the parentage (and grandparentage) rules.
Recession is when your neighbor loses his job. Atlas is now shrugging. They need to here as well. No more anchor babies!!!! I'm Californian through and through. I think my grandmother on my biological father's side was from Ireland. Other than that, we had all been here a while.
If you can prove that, you can apply for Irish citizenship, but you have to supply the documentation.
Recession is when your neighbor loses his job. Atlas is now shrugging.
Comments (61 - 62) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestSo, is 44 legal, or not? In your opinion?
#21. To: lodwick (#8)
This baby illegal alien felon should be deported along with his/her illegal alien felon parents.
Lord Acton
#22. To: nolu_chan (#19)
#23. To: war (#14)
(Edited)
their marriage at the time made him, BArack Sr - eligible for citizenship.
Depression is when you lose your job.
Recovery is when Obama loses his job.
#24. To: TooConservative (#5)
Actually, when they change the citizenship statutes, they aren't consistent about retroactivity. Sometimes it is retroactive, sometimes it isn't.
#25. To: litus (#24)
#26. To: TooConservative (#25)
#27. To: TooConservative (#25)
Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct
#28. To: litus (#26)
#29. To: lodwick (#20)
So, is 44 legal, or not? In your opinion?
#30. To: Old Friend (#22)
Where do the Feds get the power to buy and run private companies? I can't find that power anywhere.
#31. To: litus, TooConservative (#24)
[TooConservative #5] Actually, when they change the citizenship statutes, they aren't consistent about retroactivity. Sometimes it is retroactive, sometimes it isn't.
#32. To: TooConservative (#15)
There are court cases and their precedents going back to the Founders and to the English common law.
#33. To: TooConservative (#16)
What do you mean, the "equivalent"?
#34. To: TooConservative (#17)
All citizens are nationals. But American Samoans are nationals without being citizens by birth. You can see there is a place on your passport to allow for exactly this situtation.
#35. To: mirage (#23)
The correct answer is "eligible for permanent residency" - but still does not automatically grant it (it must be applied for and can be denied).
#36. To: war, TooConservative (#32)
one justice observing, in a co-joined majority opinion, that there is no Constitutional common law.
ERIE R. CO. v. TOMPKINS, 304 U.S. 64 (1938)
304 U.S. 64
Decided April 25, 1938. Except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. And whether the law of the state shall be declared by its Legislature in a statute or by its highest court in a decision is not a matter of federal concern. There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or 'general,' be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts.
#37. To: nolu_chan (#36)
#38. To: nolu_chan (#36)
#39. To: nolu_chan. all (#29)
The publicly available information is insufficient to prove, or disprove, his status.
#40. To: war (#35)
"Eligible" means what to you?
Depression is when you lose your job.
Recovery is when Obama loses his job.
#41. To: lodwick (#39)
I believe his Kenyan grandmother.
Lord Acton
#42. To: Jethro Tull (#38)
please tell us the names of the bureaucrats who have actually seen Obush's b/c?
#43. To: James Deffenbach (#41)
So do I. Especially when you consider that his sister, or half sister, or whatever she is, named TWO different hospitals in Hawaii where he was allegedly born. He could have been born in Kenya but he couldn't be born in two different hospitals.
"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams 
#44. To: nolu_chan (#42)
nor any other president or candidate.
Quickpost this image to Myspace, Digg, Facebook, and others!
#45. To: Rotara (#43)
(Edited)
Possibly the greatest scam in our history if you really think about the whole thing.
Good money must have an intrinsic value. The United States of America cannot make its shadow legal tender for debts payable in money without ultimately bringing upon their foreign commerce and their home industry a catastrophe, which will be the more overwhelming the longer the day of wrath puts off its coming. Our federal constitution was designed to end forever the emission of bills of credit as legal tender in payment of debts, alike by the individual states and the United States; and it will have that effect, if it is rightly interpreted and firmly enforced.
The ruling by the Supreme Court in this case was complete and total bs. Anyone who reads the little book I linked to, if they haven't already, can see that.
Lord Acton
#46. To: mirage (#40)
Eligible means that he meets all the criteria for acceptance AND the application is not able to be denied.
#47. To: war (#46)
It means: Eligible means that he meets all the criteria for acceptance...
Depression is when you lose your job.
Recovery is when Obama loses his job.
#48. To: mirage (#47)
We don't know that for certain with Obama.
#49. To: mirage (#47)
According to you, I can be the Irish Prime Minister because I am "eligible" for Irish Citizenship.
#50. To: mirage (#47)
Lord Acton
#51. To: James Deffenbach. everyone here (#50)
... I will never call the usurper in the Ho House president.
#52. To: lodwick (#51)
Lord Acton
#53. To: litus (#44)
4:14 PM Fri, Jun 20, 2008
Tod Robberson
Vo. 12, No. 2
Jan. 22 - Feb. 4, 2006
Vol. 8, No. 2.
Jan. 26 - Feb. 8, 2002
#54. To: nolu_chan (#53)
#55. To: war (#49)
Actually, as I understand it, your birth of an Irish parent confers, de jure, Irish citizenship on you.
Depression is when you lose your job.
Recovery is when Obama loses his job.
#56. To: James Deffenbach (#50)
Well, what are we supposed to call you, Prime Minister or Chief?
Depression is when you lose your job.
Recovery is when Obama loses his job.
#57. To: mirage, farmfriend (#55)
Actually, no, they changed that law some time ago.
#58. To: war, farmfriend (#57)
You can breathe easier, FF< you're not a dual...
Depression is when you lose your job.
Recovery is when Obama loses his job.
#59. To: mirage, war (#58)
Ireland also got rid of birthright citizenship; merely being born on Irish soil does not confer citizenship. They also changed the parentage (and grandparentage) rules.
"Controlling carbon is a bureaucrat's dream. If you control carbon, you control life." — Dr. Richard Lindzen, MIT Professor of Meteorology
#60. To: farmfriend (#59)
I think my grandmother on my biological father's side was from Ireland.
Depression is when you lose your job.
Recovery is when Obama loses his job.
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