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It does not matter if any parent is not a citizen, if that baby is born in the USA it IS a citizen

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greenbriar Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 10:26 AM
Original message
It does not matter if any parent is not a citizen, if that baby is born in the USA it IS a citizen
even 7th graders know this
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 10:36 AM
Response to Original message
1. I think there is another motive to the Donofrio case
I think they want a declaration that at least one parent must be a citizen at birth for a baby to be considered "natural born".

It's all about anti-Hispanic racism. They want to insure that so-called "anchor babies" (aka, Natural Born Citizen children of migrant workers) are never eligible to become president.
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Hamlette Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 10:41 AM
Response to Reply #1
2. they cannot change the law like that with a supreme court decision n/t
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Barack_America Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 10:46 AM
Response to Reply #2
4. Enter Clarence Thomas...
:grr:

(directed at him, not you)
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Occam Bandage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 11:51 AM
Response to Reply #2
7. Er, yeah, they kinda can.
Edited on Fri Dec-05-08 11:52 AM by Occam Bandage
The Supreme Court has the absolute final say in defining the meaning of a law. That's why Supreme Court appointments are so important.

On edit: Which is not to say that they would. Not even Thomas has that little regard for the law.
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Hamlette Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 10:42 AM
Response to Original message
3. they say he was born in Africa based on an interview with his step grandmother n/t
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TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 10:52 AM
Response to Original message
5. Yup: Amendment 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.

Nothing about the parents.
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 11:48 AM
Response to Original message
6. Exactly!! It's the most absurd argument ever made on the national scene.
As you said, this is middle school civics.
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Jim Lane Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 12:05 PM
Response to Original message
8. True with one minor exception
The Fourteenth Amendment extends citizenship to anyone born in the U.S. "and subject to the jurisdiction thereof". Diplomatic immunity extends to some family members. A child born in the U.S. to a foreign ambassador is entitled to diplomatic immunity at birth, and therefore is not subject to U.S. jurisdiction, and therefore is not a U.S. citizen.

Donofrio is trying to create a much broader exception. He argues that a child born in the U.S. can be a citizen but not a natural-born citizen if the child also has, at birth, citizenship in another country. I'm not aware of any precedent supporting such a reading. (As others have noted, this theory would make eligibility for the Presidency dependent in part on foreign law. In other contexts, any recognition of foreign law is anathema to the hardcore right wingers, but I guess desperate times call for desperate measures.)
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demokatgurrl Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 12:07 PM
Response to Original message
9. Sorry I must have been under a rock
Edited on Fri Dec-05-08 12:18 PM by demokatgurrl
but I don't see why the hell the Supremes are even giving this any credence whatsoever.

The freakin CONSTITUTION, which I expect Obama to dust off and start using again, says :

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.



Seems pretty f'ing clear to me. :shrug:
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slutticus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 03:32 PM
Response to Original message
10. True...but ...... 7th grade education > Freeper
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