tssb supplemental brief 08 10817 rightside

8/14/2019 Tssb Supplemental Brief 08 10817 Rightside

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No.08 - 10817

___________________

I n T he S upreme C ourt O f T he U nited S tates

___________________

Steven Lee Craig PETI TI ONER

VS.

The United States of America RESPONDENT(S)

___________________

On Writ of Certiorarito the United States Court of Appeals

for the Tenth Circuit___________________

MOTION FOR LEAVE TO FILESUPPLEMENTAL BRIEF

ANDSUPPLEMENTAL BRIEF FOR PETITIONER

___________________

Petitioner

Steven Lee CraigPro Se

In Forma Pauper is...

[email protected]

ResponentElena K agan

Solicitor GeneralUn it ed States Depart ment of Just ice950 Pennsylvani a Avenue, N.W.

Washi ngton, DC 20530-0001supr emectbr [email protected]

1


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MOTION FOR LEAVE TO FIL E

SUPPLEM ENTAL BRIEF BEFORE JUDGEM ENT

Pursuant to Rules 15.8 of the Rules of this Court,respondents respectfully seeks leave to file the attached

supplement al br ief.

Subsequent to filing original Complaint, April 22, 2009 and

subsequent Petition for Writ of Certiorari on June 10th

2009, Petitioner has become aware of proposed Bills

cir culati ng in the Congress of t he Uni ted States of Amer ica,

H.R.1503, offered by Rep. Bill Posey, (FL-15), (introduced

3/12/09) whi ch seeks to make mandatory eli gibil i ty vett ing

of candidates for the Executive Offices of POTUS and

VPOTUS beginning in the 2012 election cycle and H.R. 133

and H.R. 1490, both of which seeks to limit and/or deny

cit izenship ri ghts of certain al ien individuals.

The obvious fatal flaw of the exclusion and omission of a

legal definition of natural born citizen in the proposed Bill

H.R. 1503 renders it ineffective and therefore reinforces the

urgency and National interest concerns, (Rule 11 SCOTUS,

28&2101, 28&1254(1)(2)) of the subject of the Petitioners

or iginal and subsequent fi li ngs whi le the Bi ll s H.R. 133 and


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H.R. 1490 provide cur rent understandings of the Legislators

rights to define the circumstances of citizenship save for the

circumstances and definition of the Natural Right of

cit izenship of a Natural Born Cit izen.

Petitioner respectfully request leave to file the attached

supplemental brief addressing the continuing effect the lack

of legal definition of natural born citizen is having on the

National administration, legislation, general citizenry and

Peti t ioner as well as on t he proper disposi t ion of this case.

Respectfully submitted,

____________________Steven L ee Craig

..

.

.

[email protected]


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SUPPLEMENTAL BRIEF FOR PETI TI ONER

Statement of Facts and Asserti ons Relevant

to Issues Presented for Review.

On or about March 12t h, 2009 Representative Bill Posey (FL-

15) entered a Bill for congressional consideration designated

as H.R. 1503 and Ti t led;

To amend the Federal Election Campaign Act of 1971to require the principal campaign committee of acandidate for election to the office of President to

include with the committee's statement of organizationa copy of t he candidate's bir th cer t i fi cate, together wi thsuch other documentation as may be necessary toestabl ish t hat the candidate meets the qual i fi cati ons foreligibility to the Office of President under theConstitution.

I t becomes immediately obvious to any who are fami l iar wi th

the status of the legal definition of natural born citizen that

the proposed Bill does absolutely nothing to preserve,

protect and defend the Constitutional requirement of the

el igibi l i ty of a candidate for an execut ive offi ce except as for

age and length of residency of t he candidate

Although with numerous request have been made to Senate

and Congressional Representatives, both State and Federal,

as of yet not a single Represent at ive has expressed t heir


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understanding of the legal definition of natural born citizen

for the record except as may be found expressed in S. Res.

511.

Apparently, like pornography, one only knows one when one

sees one?

So the question must be asked, what then is H.R. 1503

seeki ng to ver ify wi th i ts requirements;

birth certificate, together with such otherdocumentation as may be necessary to establish thatthe candidate meets the qualifications for eligibility tothe Offi ce of President under t he Consti tut ion. (?)

Is it only to verify the candidates age is at least 35 years old

and that the candidate has been fourteen years a resident

wi thin the Unit ed States?

I t is clear fr om the text of t he Bi ll H.R. 1503 that there is no

effor t is to ident ify t he defini t ion of a natural born cit izen, in

that there are no words that speci ficall y say so. But then t he

Congressional Finding is clear in the understanding that

being a natural born citizen is a significant requirement of

eligibility;


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SECTION 1. FIND I NG.

Congress finds that under section 5 of article II of theConstitution of the United States, in order to be eligible

to serve as President, an individual must be a naturalborn citizen of the Uni ted States who has att ained theage of 35 years and has been a resident within theUnited States for at least 14 years.

Many of the facts that H.R. 1503 seeks to verify are

ascertainable from analyzing the birth certificates issued

under the authority of and in compliance with the Federal

Security Agency - U. S. Public Health Service,

("Reorganization Act of 1939" (P.L. 19, 76th Cong., 1st sess.),

and/or its successor agencies. These Birth Certificates

provides for the bir t hplace of t he parents, father and mother ,

as well as the childs, providing citizenship status of each of

them by virtue of the Fourteenth Amendment, under its

cur rent author it y, at t he minimum.

However, when looking at historical records, the status of a

chi ld born wi thin the jur isdict ion of t he Unit ed States to two

citizen parents, father and mother, that childs birth right

citizenship has not been subject of dispute nor considered

anything other than a natural born ci t izen [88 U.S. 162,


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168], just as the Senate concluded in S.Res.511, although

there is some lingering uncertainty regarding Jurisdiction

in Senator McCains bir th cir cumstance.

It appears, when reviewing the historical considerations of

American citizenship found in the Legislation of Acts, Bills,

Amendments and Judicial Opinions, that the uncertainties

in defining of the nature of American citizenship, in general,

and an American natural born citizen, specifically, turns on

the int erpretations of;

and subject to the jur isdiction t hereof,

and;

allegiance

But that uncer taint y would be resolved when t he ful l impor t

of The Preamble to the Constitution is viewed with its

apparent investment and assignment of both Jurisdiction

and Allegiance into the Constitution its self and the derived

Cit izenship of We, the People of t he United States fr om i t ;


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We the People of t he United States, in Order to form amore perfect Union, establish Justice, insure domesticTranquility, provide for the common defense, promotethe general Welfare, and secur e the Blessings of L iber tyto ourselves and our Posterity, do ordain and establishthis Consti tut ion for the United States of Ameri ca.

The poetic clarity is too plain to ignore and word by word

parsing does nothing to diminish the obvious, that the

Constitution IS the United States of America, that which,

with Its (the Constitutions) words, defines the extent of

Jurisdictions of the United States of America, that being to

We the People.

In whatever measure we secure the Blessings of Liberty to

Ourselves and Our Poster it y, it is from I t (the Const it ut ion)

and therefore we owe our Al legiance to It (the Consti tut ion).

From that Allegiance is found both the constraining and

expansive limits of Jurisdiction to be determined by the

contemplative Laws of the Constitutionally guaranteed

Republican form of government guaranteed and provided to

all accepted into Its (the Constitutions) Jurisdiction with,

then, Al legiance to be owed to I t (the Consti tut ion).


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The Preamble is Positive Declaratory Statement of the

collective, stating who they were and what was being set

about for their selves and the generations which would

spring from their endeavors wi th the binding proposit ions,

The Preamble explains the purposes of theConstitution, and defines the powers of the newgovernment as originating from the people of theUnited States.

http://www.senate.gov/civics/constitution_item/constitution.htm

Although this short descriptive offers little more than a

dictionary definition it contains all of the dispositive

elements supporting the investment and assignment of

allegiance and jurisdiction to the Constitution in and of its-

self with both the Land and the Peoples thereof being the

beneficiaries of its adoption and establishment.

Given that, after 222 years, the definition of natural born

citizen has not been codified it would be poetic Justice now

for this Court, now, to rely on the Preamble to the

Constitution to find the meaning and vision of the Framers

when contemplating the nature and Constitutional Vision of


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the American Citizens. That New Nation was founded upon

their allegiance to a new purpose of government, mixed

with theirspilled blood in the conflict to secure the soil, the

foothold and beachhead, of the new form of Jurisdiction, the

New Constitution, of the People, by the People and for the

People, endeavoring to establish Justice, insure Domestic

Tranquility, provide for the Common Defense, promote the

General Welfare by and amongst the People that would call

this new notion and vision of self government so Ordained

and Established, The United States of America by those of

the Ori ginal States and by those, so accepted, thereafter .

This view was, again poet icall y, expressed by Francis

Bellamy when he wr ote the Pledge of Al legiance in 1892;

"I Pledge Al legiance to my Flag and t he Republ ic forwhich i t stands, one nat ion indivisible wi th l iber ty and

justi ce for all ."

And amended several times until The U.S. Congress

officially recognized the Pledge as the official national pledge

on June 22, 1942 in i ts cur rent form;


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"I pledge allegiance to the Flag of the United States ofAmerica, and to the Republic for which it stands, oneNation under God, indivisible, with liberty and justicefor all

The Court, with indulgence, may agree that it is

unnecessary to list the numerous instances of the Executive

Branch, the Legislative Branch and this Judicial Branch

having extended their Jurisdiction into foreign lands

supporting the proposition that America is where theAmerican Cit izen i s, and simpl y state the obvious that even

though that citizen may not, on their own, be able to secure

their rights and privileges where ever they may be outside

the physical boundar ies of the Uni ted States, st i l l the Uni ted

States reserves the r ight to reach out and preserve, protect

and defend the r ights and pri vi leges of t hat ci t izen.

Therefore an American citizens allegiance must be

considered as and subject to the jurisdiction thereof

being of the Constitution and not to a piece of land, or a

State, ( 83 U.S. 36 [p74]), whether within the physical

boundaries of j ur isdict ion or wi thout .


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When outside the physical boundaries, then Citizenship is

carried as if the soil of America, being the fibers of the

Constitution, is mixed within that citizens own blood so that

where ever they are found, there too is found an honored

piece of America, that space that an American Citizen

occupi es, [88 U.S. 162, 166] (83 U .S. 36 [p80]).

But then there are instances when Allegiance is questioned

noting that one can not read minds and hearts so as to allow

determination of where that Allegiance resides. This then is

where the definition of an American Citizen and the English

Common Law defini t ions governing Cit izenship and Subjects

depart from one another and where the divide between an

American citizen and an American natural born citizen is

found. Where the English Law allows for alienations to be

found in the hearts and minds of their Colonial subjects

wi thin the places and

in the customs of their Colonial subjects forefathers, never

the less, Allegiance to the Crown is imposed upon those

Cit izen Subjects by both i mposed force and imposed Law.


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In contrast, the American naturalized citizen gives an Oath

of Allegiance freely and without mental reservations when

cit izenship is grant ed;

(8 C.F.R. Part 337 (2008))"I hereby declare, on oath, that I absolut ely and enti relyrenounce and abjure all allegiance and fidelity to anyforeign prince, potentate, state, or sovereignty of whomor which I have heretofore been a subject or ci t izen; t hatI will support and defend the Constitution and laws ofthe United States of America against all enemies,

foreign and domestic; that I will bear true faith andallegiance to the same; that I will bear arms on behalfof the United States when required by the law; that Iwi l l per form noncombatant service in t he Armed Forcesof the United States when required by the law; that Iwi ll per form work of national importance under civi li andir ect ion when requir ed by the law; and that I take thisobligation freely without any mental reservation orpurpose of evasion; so help me God."

When citizenship is obtained by the 14t h Amendment to one

tr aveli ng through (in tr ansit u) or newly arr ived (immigrant)

or of parents not both citizens, the allegiance of one so born

is assumed from the natural attachment to the soil, being

the construct of the 14th Amendment to the Constitution, yet

still remains subject to the election of citizenship options

which may be made by their, then, non-citizen parent(s).

Although the result of the decision within United States v.

Wong Kim Ark 169 U.S. 649 imposed ci t izenship upon all


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persons born within the physical jurisdiction of America, the

r ight of affi rmati ve renunciat ion remains.

Then to the American natural born citizen, who possess no

alienation of allegiance at birth, being of two American

citizen parents, receives their citizenship as a natural

birthright emanating from the jurisdictional allegiance of

the ci t izen parent s. Here, allegiance can be assumed to grow

through the allegiance held by their fathers (parents). [88

U.S. 162, 166] (Vattel : Bk 1 Ch. 19 212.)

This is not guaranteed, given the nature of life, but more

often than not it is true, when that which has been honored

by the fathers (parents) finds favor with the child when

raised amongst the continued good governance and liberties

under t he terms of t he societal (Consti tut ional) cont ract .

This was the natural state understood and acknowledged by

the Framers when considering the qualifications of the

various Represent at ives and Execut ive Offi cers.


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Being that all politics is local the Representatives sent to

the Halls of the Federal Government were to be chosen by

their local electorate, who could best know their hearts and

minds, hence the lower threshold of qualification for

eligibility.

But when considering those whose hand would be at the

t i l ler of t he Ship of State and upon whose voice the Mi l i tary

would rise to commands to take actions, no limits of

qualification or scrutiny of character and allegiance

are sufficient , but without additional alternatives or

opt ions, the most indispensable of qual i ficati ons was for the

Executive Officers to be an unadulterated natural born

cit izen and t hi s was seen t o be wi se and prudent measur e;

Story, Joseph. Commentari es on the Consti tut ion of t heUnited States. Boston, 1833. 1473.

[I] t is indispensable, too, that the president should bea natural born citizen of the United States; or acitizen at the adoption of the constitution, and forfourteen years before his election. This permission of a

naturalized citizen to become president is an exceptionfrom the great fundamental policy of all governments,to exclude foreign influence from their executivecouncils and duties. It was doubtless introduced (for ithas now become by lapse of time merely nominal, andwill soon become wholly extinct)[B]utthe general propriety of the exclusion of foreigners, incommon cases, wi l l scarcely be doubt ed by any sound


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statesman. It cuts off all chances for ambitiousforeigners, who might otherwise be intriguing for theoffice; and interposes a barrier against those corruptinterferences of foreign governments in executiveelections,[e]xamples of the enduring mischiefs arisingfr om t his source

And as expressed by John Bingham in the United States

House on March 9, 1866 (Cong. Globe, 39th, 1st Sess., 1291

(1866))

I find no fault with the introductory clause [S 61 Bill],which is simply declaratory of what is written in theConstitution, that every human being born within the

jurisdiction of the United States of parents not owingallegiance to any foreign sovereignty is, in the languageof your Const it ut ion i tself, a natur al born cit izen

Regarding H.R. 133;

To amend the Immigration and Nationali ty Act to denycitizenship at birth to children born in the UnitedStates of parents who are not citizens or permanentresident aliens.

and H .R. 1490;

To amend section 301 of the Immigration andNationality Act to clarify those classes of individualsborn in the United States who are nationals andcit izens of the Uni ted States at bi r th.


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Alt hough both Bi ll s seek to end t he Bi r th Right cit izenship

grant assumed by the 14t h Amendment that has been

extended to illegal and/or undocumented aliens (169 U.S.

649) each of the Bi l ls turn on the interpretati on of;

... and subject to the jur isdiction thereof

The proposition of the nature of citizenship being derivedfrom the Preamble to the Constitution suggests that

Allegiance and

Jur isdiction are indivisible. When there is divi ded and/or no

allegiance assumed to the Jurisdiction (Constitution), then

Citizenship is subject to Judicial interpretations and

Legislative grants and by the election of citizenship options

available to the parent(s), while in the alternative, when

allegiance of t he parents is unadul terated at bir th t he r ights

and privileges of citizenship confers, naturally, to the

natural born citizen, regardless of the jurisdiction (beyond

the physical boundaries of the USA) subject only to the

purpose of parents tr avel, ei ther temporary and fugit ive


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purpose, in transitu or the intent of general inhabitancy

abroad, animo manendi . . (S.Res.511) ( 88 U.S. 162 )

Petitioner asserts that the nature, and therefore the

definition, of a Natural Born Citizen is, and should be

declared as;

A Natural Born Citizen of America is a person being born

within the Natural Birth Right Privileges enjoyed by all

American Citizens; that being of American Citizen Parents,

a Father and a Mother, however their citizenship was

derived, with each being with Allegiance to the Constitution

and wi thout ali enat ion of all egiance being owed to any other

Jurisdiction, investing into their child(ren), by natural laws

and of the Constitution, the bound Citizenship of such

Parents.

Maintenance of t he Bir th Right Pri vil ege is the obligation of

the Parents in the circumstance of Birth within the

Jurisdiction of Foreign Lands with and by the Laws of

United States Citizenship promulgated to regulate such

circumstances.


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CONCLUSION

In light of the historic and continuing uncertainty concerning the

legal definition of natural born citizen within the Congress,

within these Courts, amongst the general citizenry at large,

which by extension, effects the understandings of Allegiance,

Jurisdiction and the Sovereignty of the United States, Petitioner

appeals to this Court grant the Writ of Certiorari, remanding to

the Tenth Circuit with invitation to the Respondent, the United

States, to submit a brief in response addressing the subject

question of this action under Rule 2.1 of that Court, allow the

Motion for Leave to file Second Amended Complaint with

directions to the Tenth Circuit to consider Petitioners prior

motions for Certification of Class Action, Certification of

Constitutional Question and Motion for Declaratory Judgement,

being in full expectation that the Respondent, the United States,

shall concur with the particulars of Petitioners expressions of

definition of the Article II Section I Clause V, natural borncitizen.

Respectfully submitted,

___________________________Steven L ee Craig

[email protected]: July 8th , 2009


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No. 08-10817_____________________

IN THE

SUPREME COURT OF THE UN ITED STATES

Steven Lee Craig PETI TI ONER

VS.

The Un ited States RESPONDENT(S)

PROOF OF SERVI CE

I , Steven Lee Craig, do swear or declare that on this date, July 8th, 2009,as required served the enclosed Motion for Leave to file SupplementalBrief before Judgement and Supplemental Brief on each party to theabove proceeding or that partys counsel, and on every other person requiredto be served, by depositing an envelope containing the above documents inthe United States mail properly addressed to each of them and with first-class postage prepaid.

The names and addresses of those served are as fol lows:

Sol ici tor General of the Uni ted StatesRoom 5614 Depar tment of Just ice950 Pennsylvania Avenue, N. W.Washington, DC 20530-0001At tn: Elena Kagan

I declare under penal ty of per jury t hat the foregoing is tr ue and correct .

___________________________Executed on July 8th, 2009

[email protected]


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ALL ACTIONS:

3/12/2009: Referred to the House Committee on House Administration.

Co-sponsors; H.R. 1503 : Mr.Goodlatte

. H.R. 1503 : Mr.Campbell

. H.R. 1503 : Mr.Carter

,Mr. Culberson, and Mr.Neugebauer. H.R. 1503 : Mrs.Blackburn.

To amend the Federal Election Campaign Act of 1971 to require the principal campaign committee of acandidate for election to the office of President to include with the committee's... (Introduced in House)

HR 1503 IH

111th CONGRESS

1st Session

H. R. 1503To amend the Federal Election Campaign Act of 1971 to require the principal campaign committee of a candidate

for election to the office of President to include with the committee's statement of organization a copy of the

candidate's birth certificate, together with such other documentation as may be necessary to establish that the

candidate meets the qualifications for eligibility to the Office of President under the Constitution.

IN THE HOUSE OF REPRESENTATIVES

March 12, 2009

Mr. POSEY introduced the following bill; which was referred to the Committee on House Administration

A BILL

To amend the Federal Election Campaign Act of 1971 to require the principal campaign committee of a candidatefor election to the office of President to include with the committee's statement of organization a copy of the

candidate's birth certificate, together with such other documentation as may be necessary to establish that the

candidate meets the qualifications for eligibility to the Office of President under the Constitution.Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled,

SECTION 1. FINDING.

Congress finds that under section 5 of article II of the Constitution of the United States, in order to be eligible to

serve as President, an individual must be a natural born citizen of the United States who has attained the age of

35 years and has been a resident within the United States for at least 14 years.

SEC. 2. REQUIRING PRINCIPAL CAMPAIGN COMMITTEES OF

PRESIDENTIAL CANDIDATES TO PROVIDE DOCUMENTATION OF

CANDIDATE'S ELIGIBILITY TO SERVE AS PRESIDENT.

(a) In General- Section 303(b) of the Federal Election Campaign Act (2 U.S.C. 433(b)) is amended--

(1) by striking `and' at the end of paragraph (5);

(2) by striking the period at the end of paragraph (6) and inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(7) in the case of a principal campaign committee of a candidate for election to the office of President,

a copy of the candidate's birth certificate, together with such other documentation as may be necessaryto establish that the candidate meets the qualifications for eligibility to the Office of President under

section 5 of article II of the Constitution.'.

(b) Effective Date- The amendment made by subsection (a) shall apply with respect to the election for the office

of President held in 2012 and each succeeding election for the office of President.


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17110th CONGRESS

1st Session

H. R. 133To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of

parents who are not citizens or permanent resident aliens.

IN THE HOUSE OF REPRESENTATIVES

January 4, 2007

Mr. GALLEGLY introduced the following bill; which was referred to the Committee on the Judiciary

A BILLTo amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of

parents who are not citizens or permanent resident aliens.Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Citizenship Reform Act of 2007'.

SEC. 2. PURPOSE.

It is the purpose of this Act to deny automatic citizenship at birth to children born in the United States to parentswho are not citizens or permanent resident aliens.

SEC. 3. DENYING CITIZENSHIP AT BIRTH FOR CHILDREN OF NON-CITIZEN, NON-PERMANENT

RESIDENT ALIENS.

(a) In General- Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by inserting

after subsection (c) the following new subsection:

`(d) For purposes of section 301(a), a person born in the United States shall be considered as `subject to the

jurisdiction of the United States' if--`(1) the child was born in wedlock in the United States to a parent who is--

`(A) a citizen or national of the United States; or

`(B) an alien lawfully admitted for permanent residence in the United States who maintains

his or her residence (as defined in subsection (a)(33)) in the United States; or

`(2) the child was born out of wedlock in the United States--

`(A) to a mother who is--

`(i) a citizen or national of the United States; or`(ii) an alien lawfully admitted for permanent residence in the United States who

maintains her residence (as defined in subsection (a)(33)) in the United States; or

`(B) to a father who is a citizen or national of the United States, or an alien lawfully admitted

for permanent residence in the United States who maintains his residence (as defined in

subsection (a)(33)) in the United States, but only if--`(i) a blood relationship between the father and the child is established by clear and

convincing evidence;

`(ii) the father had the nationality of the United States or was a permanent resident of

the United States at the time of the child's birth;

`(iii) the father (unless deceased) has agreed in writing to provide financial support

for the child until the child reaches18 years of age; and

`(iv) while the child is under 18 years of age--`(I) the father acknowledges paternity of the child in writing under oath; or

`(II) the paternity of the child is established by adjudication of a competent

court.

For purposes of this subsection, a child is considered to be `born in wedlock' only if both parents are married toeach other and parents are not considered to be married if such marriage is only a common law marriage.'.

(b) Conforming Amendment- Section 301 of such Act (8 U.S.C. 1401) is amended by inserting `(as defined in

section 101(d))' after `subject to the jurisdiction thereof'.(c) Effective Date- The amendments made by this

section shall apply to aliens born on or after the date of the enactment of this Act.


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110th CONGRESS

1st Session

H. R. 1940

To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the

United States who are nationals and citizens of the United States at birth.IN THE HOUSE OF REPRESENTATIVES

April 19, 2007

Mr. DEAL of Georgia (for himself, Mr. BILBRAY, and Mr. DANIEL E. LUNGREN of California) introduced thefollowing bill; which was referred to the Committee on the Judiciary

A BILLTo amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the

United States who are nationals and citizens of the United States at birth.Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled,

SECTION 1. SHORT TITLE.This Act may be cited as the `Birthright Citizenship Act of 2007'.

SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN

THE UNITED STATES.

(a) In General- Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended--

(1) by inserting `(a) IN GENERAL- ' before `The following';

(2) by redesignating paragraphs (a) through (h) as paragraphs (1) through (8); and

(3) by adding at the end the following:`(b) Definition- Acknowledging the right of birthright citizenship established by section 1 of the 14th

amendment to the Constitution, a person born in the United States shall be considered `subject to thejurisdiction' of the United States for purposes of subsection (a)(1) if the person is born in the United States of

parents, one of whom is--`(1) a citizen or national of the United States;

`(2) an alien lawfully admitted for permanent residence in the United States whose residence is in the

United States; or

`(3) an alien performing active service in the armed forces (as defined in section 101 of title 10, United

States Code).'.

(b) Applicability- The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or

nationality status of any person born before the date of the enactment of this Act.


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7 FAM 1131.6 Nature of Citizenship Acquired byBirth Abroad to U.S. Citizen Parents7 FAM 1131.6-1 Status Generally(TL:CON-68; 04-01-1998)

Persons born abroad who acquire U.S. citizenship at birth by statutegenerally have the same rights and are subject to the same obligations as

citizens born in the United States who acquire citizenship pursuant to the

14th Amendment to the Constitution. One exception is that they may besubject to citizenship retention requirements.

7 FAM 1131.6-2 Eligibility for Presidency(TL:CON-68; 04-01-1998)

a. It has never been determined definitively by a court whether a personwho acquired U.S. citizenship by birth abroad to U.S. citizens is a natural

born citizen within the meaning of Article II of the Constitution and,therefore, eligible for the Presidency.

b. Section 1, Article II, of the Constitution states, in relevant part that NoPerson except a natural born Citizen...shall be eligible for the Office ofPresident;

c. The Constitution does not define "natural born". The Act to establish an

Uniform Rule of Naturalization, enacted March 26, 1790,

(1 Stat.103,104) provided that, ...the children of citizens of the UnitedStates, that may be born ... out of the limits of the United States, shall be

considered as natural born citizens: Provided that the right of citizenship

shall not descend to persons whose fathers have never been resident in the

United States.1

d. This statute is no longer operative, however, and its formula is not

included in modern nationality statutes. In any event, the fact that someone

is a natural born citizen pursuant to a statute does not necessarily imply thathe or she is such a citizen for Constitutional purposes.

U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs7 FAM 1130 Page 9 of 103

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Allegiance Jurisdiction Sovereignty

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