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truckinslave -> RE: Tea Party declares war on the English Language (4/9/2010 3:17:36 PM)
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quote:
ORIGINAL: Musicmystery
Thadius,
Not that the actual law matters to these people, but here (from Wiki):
Acquisition of citizenship
There are various ways a person can acquire United States citizenship, either at birth or later on in life.
Birth within the United States
The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment, although it has generally been assumed that they are. A birth certificate issued by a U.S. state or territorial government is evidence of citizenship, and is usually accepted as proof of citizenship.
In the case of United States v. Wong Kim Ark, 169 U.S. 649 (1898), the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th amendment of the Constitution, if that person is:
*Born in the United States
*Has parents that are subjects of a foreign power, but not in any diplomatic or official capacity of that foreign power
*Has parents that have permanent domicile and residence in the United States
*Has parents that are in the United States for business
Through birth abroad to two United States citizens
A child is automatically granted citizenship in the following cases:
*Both parents were U.S. citizens at the time of the child's birth
*At least one parent lived in the United States prior to the child's birth.
[INA 301(c) and INA 301(a)(3) state, "and please one of whom has had a residence." The FAM (Foreign Affairs Manual) states "no amount of time specified."]
A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. They may also apply for a passport or a Certificate of Citizenship to have their citizenship recognized.
Through birth abroad to one United States citizen
A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:
*One of the person's parents was a U.S. citizen when the person in question was born
*The citizen parent lived at least five years in the United States before the child's birth
*A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.
INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in “honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization”. Additionally citizens who spent time living abroad as the “dependent unmarried son or daughter and a member of the household of a person” in any of the previously mentioned organizations can also be counted.
A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.
Different rules apply for persons born abroad to one U.S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law is applicable as it existed at the time of the individual's birth.
For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true:
*One of the person's parents was a U.S. citizen when the person in question was born
*The citizen parent lived at least ten years in the United States before the child's birth;
*A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.
The above would be useful if it applied to the definition of "natural born citizen" (which, per marbury v. Madisoncannot mean the same thing as "citizen"; the case holds that each phrase in the Constitution is unique and that any argument to the contrary is "not competent")
Alas, it does not. The only pertinent phrase is not even used.
Wonder why.
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