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Last post 21 years ago by jdrabinski. 7 replies replies.
Constitutional Topic: Citizenship
usahog Offline
#1 Posted:
Joined: 12-06-1999
Posts: 22,691
this has also been an Issue on this Board.. so I surfed the Internet for the best discription of this I could find... where better then where it was Origianly writen? BTW Rick you made a Comment about the Bible and God not having anything to do with the US Constitution??? you want some Facts??? Cuz I found them!!!
here all enjoy
Hog

Constitutional Topic: Citizenship
If you're going to be involved in government in the United States, citizenship is a must. To be a Senator or Representative, you must be a citizen of the United States. To be President, not only must you be a citizen, but you must also be natural-born. Aside from participation in government, citizenship is an honor bestowed upon people by the citizenry of the United States when a non-citizen passes the required tests and submits to an oath.
Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: "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." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"

Anyone born inside the United States
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one is an alien and as long as one is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President.

These provisions allow the children of military families to be considered natural-born, for example.
Many parts of the world have law to provide them with special status, to allow children born in those places to be considered natural-born. This allows families with a long history of working in these areas without ever returning to the U.S. to be considered natural-born. For example, the Panama Canal Zone had been in U.S. possession for a full century, and some families lived there for generations. 8 USC 1403 handles the Zone specifically, stating that anyone born in the Zone on or after 2/26/1904, to at least one citizen-parent, is a natural-born citizen. Similar law is in place to handle the acquisition of territories, such as Puerto Rico, Alaska, and Hawaii.

U.S. Nationals

A "national" is a person who is considered under the legal protection of a country, while not necessarily a citizen. National status is generally conferred on persons who lived in places acquired by the U.S. before the date of acquisition. A person can be a national-at-birth under a similar set of rules for a natural-born citizen. U.S. nationals must go through the same processes as an immigrant to become a full citizen. U.S. nationals who become citizens are not considered natural-born.

Becoming a citizen
A non-citizen may apply to become a citizen of the United States. At no time will such a person ever be considered natural-born (unless the U.S. Code is changed in some way). The process to become a citizen involves several steps, including applying to become and becoming a permanent resident (previously known as a resident alien), applying to become and becoming naturalized, and finally taking the Oath of Allegiance to the United States. Children of naturalized U.S. citizens generally become citizens automatically, though they will also not be considered natural-born. There is a time constraint before a permanent resident can apply for naturalization, generally either 3 or 5 years. The other requirements are that there be a minimum length of time in a specific state or district, successful completion of a citizenship exam, ability to read, write, and speak English, and good moral character.

The Oath of Allegiance to the United States
The following is the text of the Oath of Allegiance:
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen;
that I will support and defend the Constitution and the laws of the United States of America against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same;
that I will bear arms on behalf of the United States when required by the law;
that I will perform noncombatant service in the Armed Forces of the United States when required by the law;
that I will perform work of national importance under civilian direction when required by the law; and
that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

Losing your citizenship
For a natural-born citizen, losing your citizenship is actually quite difficult. The law prohibits the taking of your citizenship against your will, but there are certain a citizen can take which are assumed to be a free-will decision that constitutes a voluntary renunciation of the citizenship.

Moving to another country for an extended period of time does not constitute an act that presumes renunciation. Neither does taking a routine-level job with a foreign government. This stand is quite different from U.S. policy of the past, where even being naturalized in another nation could be seen as renunciation. The sections of the law that pertained to losing one's nationality for many of these cases was found at 8 USC 1482 and related sections.

The U.S. Code does, however, see some acts as creating the possibility of a loss of nationality. When you lose your U.S. nationality, you are no longer under the protection or jurisdiction of the United States. When the United States considers you to no longer be of U.S. nationality, it in effect considers you to no longer be a citizen. Note that these are things you can do that may force you to lose your citizenship. The law also says that these acts must be voluntary and with the intent of losing U.S. citizenship. The ways to lose citizenship are detailed in 8 USC 1481:

Becoming naturalized in another country
Swearing an oath of allegiance to another country
Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force
Working for the government of another nation if doing so requires that you become naturalized or that you swear an oath of allegiance
Formally renouncing citizenship at a U.S. consular office
Formally renouncing citizenship to the U.S. Attorney General
By being convicted of committing treason

RICKAMAVEN Offline
#2 Posted:
Joined: 10-01-2000
Posts: 33,248
Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or
to abolish it,

when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right,
it is their Duty, to throw off such Government,
RICKAMAVEN Offline
#3 Posted:
Joined: 10-01-2000
Posts: 33,248
"the Bible and God not having anything to do with the US Constitution?"

i can't find anything in your post that mentions that.
did i overlook it after three eadings?

xrundog Offline
#4 Posted:
Joined: 01-17-2002
Posts: 2,212
Maybe it's the "so help me god" at the end of the oath of alliegance. Although you can say" I do hereby swear/affirm".
jdrabinski Offline
#5 Posted:
Joined: 08-16-2002
Posts: 794
This post reminded me why I didn't go into political science. Could barely make it through...
RICKAMAVEN Offline
#6 Posted:
Joined: 10-01-2000
Posts: 33,248
jdrabinski

"there are more things in heaven and earth, horatio,
than are dreamt of in your philosophy"
xrundog Offline
#7 Posted:
Joined: 01-17-2002
Posts: 2,212
Hamlet? And why did Shakespere name one of his main characters after a small pig?
jdrabinski Offline
#8 Posted:
Joined: 08-16-2002
Posts: 794
Rick,

Thank god I live in the age of specialty. Legal treatises and documents put me to sleep. Maybe its fallout from my divorce a few years back, who knows, tired as hell of legalspeak and conditions. Important, yes. Either way...let someone else read and analyze that stuff. I'll check out the conclusions...

John
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