More on that Birth Certificate thing...

[Ken King]

Not true.... I was born in an Overseas US Army Hospital, both parents from USA, and I had to be Naturalized at age 10.

Also I can't run for President.

Sorry but it only works if you are on US soil, which McCain was, in Panama, and I was not.

As I read the law you should be a natural-born citizen.

§ 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(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;

 

[wintersprings]

As I read the law you should be a natural-born citizen.

well, I have Naturalization papers that say otherwise. Again I was born on non usa soil, that's the difference.

 

[PsyOps]

well, I have Naturalization papers that say otherwise. Again I was born on non usa soil, that's the difference.

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

You don't have to be born on US soil as long as one of your parents is a US citizen.

 

[wintersprings]

You don't have to be born on US soil as long as one of your parents is a US citizen.

thats true, but to run for president, you have to be born on USA soil...

Thats the point here.

 

[SouthernMdRocks]

Not true.... I was born in an Overseas US Army Hospital, both parents from USA, and I had to be Naturalized at age 10.

Also I can't run for President.

Sorry but it only works if you are on US soil, which McCain was, in Panama, and I was not.

Now that doesn't make any sense. If one of your parents was in the military or other job like CIA or something..and you were born in a US military hospital which would then be on military soil/territory,,, you would of had to choose when you turned I think 18??? And especially if both parents are and were US citizens, you would not of had to be naturalized... are you referring to your parents getting a certification of birth from where they were legal residence in the US.??

 

[PsyOps]

thats true, but to run for president, you have to be born on USA soil...

Thats the point here.

You'll have to show that one. The Constitution only states that you have to be a "natural born citizen". That does not mean it has to be on US soil.

And I was addressing the fact that you had to be naturalized. It makes no sense that you would have to be if one of your parents met one of the stipulations in USC 1401.

 

[Baja28]

thats true, but to run for president, you have to be born on USA soil... Thats the point here.

Where the hell do you get this info???

 

[Baja28]

Not true.... I was born in an Overseas US Army Hospital, both parents from USA, and I had to be Naturalized at age 10.

Also I can't run for President.

Sorry but it only works if you are on US soil, which McCain was, in Panama, and I was not.

You're tomchamp/pulsestart and you're drunk again!!

 

[Tilted]

You'll have to show that one. The Constitution only states that you have to be a "natural born citizen". That does not mean it has to be on US soil.

The laws that govern whom is a citizen at birth have changed many times, so there are a lot of variables that can come into play. However, you don't have to have been born on US soil, regardless of when you were born. McCain would qualify even if he had been born in Vietnam.

U.S. Code 1401, which was cited earlier, is the current law (since I believe 1986), but doesn't apply to people born earlier. Per interpretations cited by the U.S. Citizenship and Immigration Services (Department of Homeland Security), the law that was in effect at the time governs. A lot of the new code is consistent with the laws of the past though.

That having been said, someone born abroad to two U.S. citizens, in wedlock, has always legally been a citizen at birth, so long as one of their parents resided in the U.S. at some time prior to their birth. During some time periods the law required that person to take up residence within the U.S. for some period in order to retain that citizenship status, perhaps that is what wintersprings is referring to. (How long someone had to reside in the U.S. to retain citizenship, and during which age ranges that residence had to occur, depends on exactly when they were born and whether or not both parents were citizens.)

One thing that is changed in the new code is in regard to someone born abroad to one citizen parent and one alien, in wedlock. Under previous laws, the citizen parent had to have resided in the U.S. for 10 years, at least 5 after they turned 14, in order to confer citizenship at birth to their child. Also or note, at different times there were various laws that counted the parent's military service as residence in the U.S. for purposes of fulfilling those residency requirements.

Here is a fairly comprehensive list of interpretations cited by the USCIS which govern citizenship status for people born at different times and under different circumstances.

 

[wintersprings]

Now that doesn't make any sense. If one of your parents was in the military or other job like CIA or something..and you were born in a US military hospital which would then be on military soil/territory,,, you would of had to choose when you turned I think 18??? And especially if both parents are and were US citizens, you would not of had to be naturalized... are you referring to your parents getting a certification of birth from where they were legal residence in the US.??

One more time, a territory is USA soil. A base with a Hospital in europe or asia, is just that, a base on foreign soil.

Thus I was born on foreign soil, and it says you must be born on US soil to run for president.

 

[PsyOps]

One more time, a territory is USA soil. A base with a Hospital in europe or asia, is just that, a base on foreign soil.

Thus I was born on foreign soil, and it says you must be born on US soil to run for president.

What says that?

 

[BlueBird]

One more time, a territory is USA soil. A base with a Hospital in europe or asia, is just that, a base on foreign soil.

Thus I was born on foreign soil, and it says you must be born on US soil to run for president.

Military members with children who are born overseas on a military installation have children that are considered US Citizens and they can run for President. An overseas base is an extension of America and is considered US soil. Anywhere "old glory" flies is consdiered an extension of the United States.

 

[BlueBird]

Not true.... I was born in an Overseas US Army Hospital, both parents from USA, and I had to be Naturalized at age 10.

Also I can't run for President.

Sorry but it only works if you are on US soil, which McCain was, in Panama, and I was not.

You can run for Presdient and heck I'll even vote for you....

(1) If a child is born to two U.S. citizen parents abroad, and if either U.S. citizen parent has resided in the United States for any length of time prior to the birth of the child, the child acquires U.S. citizenship at the time of birth under the provisions of Section 301 (c) of the United States Immigration and Nationality Act. Failure to file consular form FS-240 does not constitute a revocation or voluntary relinquishment of U.S. citizenship.

(2) Anyone who acquires U.S. citizenship at the time of birth is a natural born citizen, according to the principle of jus sanguinis.

(3) Amendment 14 states that only "natural born" U.S. citizens are eligible to become President of the United States.

(4) By (1), (2), and (3), You to could be a presidential nominee!

The problem is that thier are so many different ways of intepreting the consistution, loop holes and extenuating circumstances make it all that much more complicated. My opinion is that It's extremely doubtful that our founding fathers intentions would exclude the off spring of two parents serving their country overseas. If something like this ever made it to the court system it would be tossed out.

 

[Baja28]

You can run for Presdient and heck I'll even vote for you....


(1) If a child is born to two U.S. citizen parents abroad, and if either U.S. citizen parent has resided in the United States for any length of time prior to the birth of the child, the child acquires U.S. citizenship at the time of birth under the provisions of Section 301 (c) of the United States Immigration and Nationality Act. Failure to file consular form FS-240 does not constitute a revokation or voluntary reliquishment of U.S. citizenship.

(2) Anyone who aquires U.S. citizenship at the time of birth is a natural born citizen, according to the principle of jus sanguinis.

(3) Amendment 14 states that only "natural born" U.S. citizens are eligible to become President of the United States.

(4) By (1), (2), and (3), You to could be a presidential nominee!

The problem is that thier are so many different ways of intepreting the consistution, loop holes and extenuating circumstances make it all that much more complicated. My opinion is that It's extremely doubtful that our founding fathers intentions would exclude the off spring of two parents serving their country overseas. If something like this ever made it to the court system it would be tossed out.

TY BB. After ole Tommy sleeps it off, maybe he'll comprehend this.

 

[BlueBird]

TY BB. After ole Tommy sleeps it off, maybe he'll comprehend this.

We can only hope!

 

[Tilted]

My opinion is that It's extremely doubtful that our founding fathers intentions would exclude the off spring of two parents serving their country overseas.

Especially since our nation's first law governing citizenship, the Naturalization Act of 1790 (an act almost contemporaneous with the ratification of the Constitution) said that:

... the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens.

The term 'natural born citizen' was rarely used again as Congress continually opted to use the term 'citizen at birth' in future legislation. Citizen at birth is generally regarded to have the same legal meaning.

 

[BlueBird]

Especially since our nation's first law governing citizenship, the Naturalization Act of 1790 (an act almost contemporaneous with the ratification of the Constitution) said that:


The term 'natural born citizen' was rarely used again as Congress continually opted to use the term 'citizen at birth' in future legislation. Citizen at birth is generally regarded to have the same legal meaning.

Thanks for posting that! I completely forgot about the wording of the Naturalization Act of 1790.

A good addition to the debate here.

 

[Bann]

Military members with children who are born overseas on a military installation have children that are considered US Citizens and they can run for President. An overseas base is an extension of America and is considered US soil. Anywhere "old glory" flies is consdiered an extension of the United States.

 

[SouthernMdRocks]

One more time, a territory is USA soil. A base with a Hospital in europe or asia, is just that, a base on foreign soil.

Thus I was born on foreign soil, and it says you must be born on US soil to run for president.

Oh one more time.. If you were born in a US military hospital you are fine period. How many children were born abroad in military hospital and didn't need to be "naturalized",,, answer,, many.

 

[chernmax]

That even applies to our military ships at sea!!!