Quote:
Originally Posted by CosmicTang
If you are born to an American parent, you're American, no matter where you were born. That's why McCain is eligible.
If two French people were here on vacation and had their kid (which they likely wouldn't be because you can't fly that late into a pregnancy) he/she would likely have dual citizenship.
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As to part one:
c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.
Once again, such citizenship is by statute - not by birth, which is what is required under the 14th Amendment. If the 14th Amendment applies to Article 2, he is ineligible - but that will have to be decided by the courts. It is only being brought up now because it is clear he is going to win the nomination - and it is being brought up by other Republicans, actually.
As to part two:
(1) Jus soli (the law of the soil), a rule of common law under which the place of a person?s birth determines citizenship. In addition to common law, this principle is embodied in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and nationality statutes.
(2) Jus sanguinis (the law of the bloodline ), a concept of Roman or civil law under which a person?s citizenship is determined by the citizenship of one or both parents. This rule, frequently called ?citizenship by descent? or ?derivative citizenship?, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As laws have changed, the requirements for conferring and retaining derivative citizenship have also
changed.
The very fact that birth within the US is the key under the 14th Amendment is why US citizens having babies abroad have to have statutes making the babies citizens, while babies of illegals here automatically become citizens. Just being a citizen is not enough to be President; it is a "natural born" citizen - and if the 14th Amendment applies to that clause from Article 2 of our Constitution, it is a big issue.