Disclaimer: As above and is still totally APT!
Continued from above post....
Perez v. Brownell, 356 U.S. 44 (1958): Although the 14th Amendment sets forth the two principal modes of acquiring citizenship (birth in the U.S. and
naturalization), nothing restricts the power of Congress to withdraw citizenship. (This case was overturned by Afroyim v. Rusk.)
Montana v. Kennedy, 366 U.S. 308 (1961): A person born in 1906, whose mother was a native-born citizen of the United States and whose father was a
foreign citizen, who was born overseas and then moved to the United States, was not a citizen of the United States by birth. (Note that the relevant
laws have changed considerably since 1906, so this decision does not necessarily apply to later cases.)
Afroyim v. Rusk, 387 U.S. 253 (1967): The 14th Amendment's provision that "All persons born or naturalized in the United States . . . are citizens
of the United States" completely controls the status of citizenship and prevents the involuntary cancellation of citizenship.
Rogers v. Bellei, 401 U.S. 815 (1971): A person who is born abroad to an American mother shall lose his or her citizenship unless he or she resides in
this country for at least five years between the ages of 14 and 28. (This is no longer the case; the statute under which Mr. Bellei lost his
citizenship was repealed by Congress in 1978.)
Vance v. Terrazas, 444 U.S. 252 (1980): Congress has the power to define acts of expatriation (i.e., loss of citizenship). However, intent to
relinquish U.S. citizenship must be established specifically by a preponderance of evidence; such an intent may not be inferred automatically as a
result of a person's having performed an act which Congress has designated as an expatriating act. However, when "one of the statutory expatriating
acts is proved, it is constitutional to presume it to have been a voluntary act until and unless proved otherwise by the actor."
Miller v. Albright, 523 U.S. 420 (1998): A child born overseas to an American father and a foreign mother (not married) is not a U.S. citizen unless
paternity is established before an established age (in this case 21). This case challenged the law on the grounds that U.S. law requires no explicit
acknowledgment of parenthood in the case of a foreign-born child to an American mother and a foreign father (not married).
Nguyen v. INS, 533 U.S. 53 (2001): As in the Miller v. Albright case, the Court holds that a child born overseas to an American father and a foreign
mother (not married) is not a U.S. citizen unless paternity is established before an established age (in this case 18). The child was brought to the
U.S. before his sixth birthday and raised by his father; however, after a criminal conviction, deportation was ordered but the child claimed U.S.
citizenship. His citizenship was denied because paternity had not been established prior to his 18th birthday. The Court upheld the law, once again
affirming that Congress has the power to define citizenship outside the citizenship dictated by the 14th Amendment (citizenship by birth).
The Supreme Court, through case law, has created a guideline for U.S. citizenship. The following outlines the rulings of the Court:
The 14th Amendment completely controls the status of U.S. citizenship and prevents the involuntary cancellation of citizenship.
All persons born in the United States are citizens of the United States.
This applies to children born to legal and illegal residents.
This does not apply to children of foreign citizens employed in any diplomatic or official capacity.
Congress has the power to define acts of expatriation (i.e., loss of citizenship).
A person must voluntarily relinquish U.S. citizenship.
It is constitutional to presume it to have been a voluntary act until and unless proved otherwise by the actor.
Congress may revoke citizenship involuntarily if it has been obtained unlawfully.
Congress has the power to define citizenship outside birth in the U.S.
Congress can set different citizenship requirements for children born to American mothers versus American fathers.
Congress can require that U.S. citizenship must be established by a certain age for it to be recognized.
Notes1. ^ Statutes at Large, 1st Congress, 2nd Session. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 -
1875. Library of Congress (1790). Retrieved on 2006-11-10.
2. ^ Dred Scott v. Sanford, 60 U.S. 393 (1856). Supreme Court Cases. Westlaw (1856). Retrieved on 2006-11-10.
3. ^ Citizenship and Nationality. U.S. Department of State. U.S. Department of State. Retrieved on 2006-11-09.
4. ^ U.S. Congress moves to clarify the rules: Just how 'American' must a president be?. International Herald Tribune. International Herald Tribune
(June 2, 2004). Retrieved on 2006-11-09.
5. ^ Citizen McCain's Panama Problem?. Washington Post. Ken Rudin (July 9, 1998). Retrieved on 2006-11-09.
6. ^ Citizenship. New Book of Knowledge. Scholastic Library Publishing, Inc. (2006). Retrieved on 2006-11-09.
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Personal Disclosure: As an Australian your constitutional woes are a moot [mute?] point for me but as an ATS member I try to disambiguate when and
where I can. I'm hoping someone can do the same for me and point me to evidence of Obama spending [puts little finger to corner of lips DR EVIL
STYLE!!!] 1 MILLION $$$'s on hiding his true origins.
[edit on 3-8-2009 by OmegaLogos]