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Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same

Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same

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Published by mtngoat61
First Prepared in Fall 2008. Last updated: 31 May 2012. Citizenship terms and types, five, used and mentioned in the U.S. Constitution; citizen, original, natural born citizen, born citizen, naturalized; with provided definition and some legal reference to the legal and historical sources of those definitions and meanings of those terms.
First Prepared in Fall 2008. Last updated: 31 May 2012. Citizenship terms and types, five, used and mentioned in the U.S. Constitution; citizen, original, natural born citizen, born citizen, naturalized; with provided definition and some legal reference to the legal and historical sources of those definitions and meanings of those terms.

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Published by: mtngoat61 on Feb 06, 2009
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06/11/2015

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Citizenship Terms Used in the U.S. Constitution -- Defined & Some Legal References to Same U.S.

Citizenship Status of the Conjunction (And, Parents at Time of Or) Child's Birth Conjunction (And, Or)

Constitutional Term

Location of Birth

Other

Legal Reference

U.S. Constitution, 14th

"Citizen" of the United States
(Referenced many places in Constitution)

Born to at least one U.S. citizen parent (citizenship given by law)

OR

Born in the USA & Subject to the Jurisdiction Thereof.

OR

Naturalized Citizen Amendment, Section 1. (citizenship given by U.S. v. Wong Kim Ark (WKA), 169 U.S. 649 (1898). law via Federal U.S. Federal Statutes such Statutes)
as Title 8, Section 1401.

"Citizen of the United States at time of Adoption of this Constitution" aka "the Grandfather Clause" aka "Original Citizen" (Stated in Article II)

Citizen of the United States at time of U.S. Constitution, Article II, Section 1, Clause 5. Adoption of the Constitution

"Born Citizen" of the United States (Referenced,
established, and rights clarified in the 14th Amendment)

Born in the USA & Subject to the Jurisdiction Thereof

U.S. Constitution, 14th Amendment, Section1. U.S. v. Wong Kim Ark (WKA), 169 U.S. 649 (1898) Note: Under the WKA Supreme Court Ruling, subject to the jusisdiction thereof, meant both parents had to be legally domiciled in the USA when the child was born in the USA.

"Naturalized Citizen" of the United States
(Referenced and rights clarified in the 14th Amendment)

Not Born in the USA

AND

Citizenship rights obtained by processes governed by Federal Statutes including person swearing an Oath of Allegiance to the USA & renouncing any and all foreign allegiances such as to any Prince or Potentate
"natural born Citizens" are the children of Citizens (plural). It does not matter if the parents were naturalized Citizens or were born Citizens. Just a long as BOTH father and mother were U.S. Citizens when their child is born in the USA. A "natural born Citizen" is born with Unity of Citizenship and Sole Allegiance at birth to only the USA.

U.S. Constitution, 14th Amendment, Section 1. U.S. Federal Statutes

"Natural Born Citizen" of the United States
(Referenced only in Article II as one of the specific qualification requirements to serve as the President and Commander in Chief in the USA) Note: This type of citizen of a nation is a citizen via "natural law" and cannot be given by any man made law. The acts of nature itself gave this person natural born citizenship of the nation. This is typically the largest group in any nation which has been in existence for a couple generations or more. It is also the group which innately has the strongest natural allegiance to the nation and the least potential foreign familial or other foreign influences on them.

Both parents are U.S. citizens of any type when child is born. The parents could have obtained their basic Citizenship by birth or by naturalization.

AND

Born in the USA.

U.S. Constitution, Article II, Section 1, Clause 5. Law of Nations, Book 1, Chapter 19, Section 212. Supreme Court cases: Venus (1814), Minor v. Happersett (1874), Perkins v. Elg. 307 U.S. 325 (1939). Also, comments by Congressman and Judge John Bingham a framer of the 14th Amendment.

Originally Prepared in Fall 2008. New Version Prepared: 02 Feb 2009 Last Updated: 31 May 2011 Copyright © 2009-2012 CDR Charles Kerchner (Ret) aka M Publius Goat. All Rights Reserved.

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