WorldWatcher
Gold Member
- Dec 28, 2010
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Not exactly true, if it is shown that obama was born aboard then you would have to contact the U.S. Embassy in kenya to see if obama's mother did the proper paperwork for citizenship. We already know where obama's father was born there is no need for a long form to show that.
Very good, which has been my point all along. The long form is not needed as it does not contain relevant information at the time of birth of the child in question. For example:
- The "Place of Birth" (i.e. Location) is contained on the short form and is all that is needed to determine citizenship (along with who the parents were) under the 14th Amendment.
- Parents are listed (also needed under the 14th) to determine if the parents are foreign diplomats and therefore not subject to the jurisdiction of the United States.
- Hospital is not needed under the 14th.
- Doctor is not needed under the 14th.
- List of witnesses and their signatures are not needed under the 14th.
- (The above may be needed under State law to establish the validity of the birth, but once the State has cerified it, they are no longer needed later in life as the State record is the official record issued under the Seal of the State.)
If lawmakers are interested in the idea that Natural Born Citizen is defined by Jus soli and Jus sanguinis The Long Form DOES NOT LIST THE CITIZENSHIP (at least in Hawaii's case) of the parents. It lists their place of birth. However their place of birth is not their citizenship status at the time of the child's birth. A foreign born parent may or may not have become a naturalized citizen. Their birth location would not match their citizenship. A US born parent my have naturalized themselves in a foreign country and relinquished their US citizenship. Their birth location would not match their citizenship.
IMHO, a much better law would have been to require:
1. An official birth document issued under the authority of a governmental entity of the United States (Federal, State, or local municipality as the case may be). And yes that would include accepting COLB's which are issued under a State Seal showing birth date, birth location, and birth parents because those are the only Constitutional requirements to determine a child's citizenship at birth. If you don't have one, that is your problem to resolve with the appropriate government entity. It would be your responsibility to resolve that issue first, then apply as a candidate. No unofficial records would be submitted.
Then...
2. As a separate requirement, the candidate (if required for the position being sought) be required to submit documented evidence of the citizenship status at the time of birth. The US citizens this would be the birth record of the parents (if US born) or the naturalization certificate (if foreign born, but showing citizenship by the child's birth date).
That process would satisfy the objections I've raised to the Arizona law based on it mandating information that must be contained on another states birth record and it's (expected) rejection under Full Faith and Credit (Article IV, Section 1, US Constitution) of the official records issued under the Seal of a sister State.
Others might have issues with the Jus sanguinis requirement of the parents citizenship at birth, but I'd support such a law which would get (a) either Congress to define NBC, or (b) get the SCOTUS to define NBC once and for all and for all States.
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I'm not going to read all your reply because there is no need to do that for what I have to say.
Gee, that's surprising.
Very good, which has been my point all along. The long form is not needed as it does not contain relevant information at the time of birth of the child in question
The long form would show who is the doctor and what hospital a child is born in. That would show specifics of birth location it would also show that the filed document was actually accepted by the state registrar of 1961
Using Hawaii's long form as an example.
The doctor and hospital name are irrelevant to establishing citizenship at birth. You can personally desire to know that, but it's irrelevant to the question at hand.
The doctor and hospital do not show that the forms were accepted by the State Registrar. The doctor and hospital show - well - the doctor and hospital.
The Hospital is contained in box 6c of the Hawaii Long Form, the Place of Birth is located in box 6a. 6c is irrelevant to determine citizenship, all that is needed is 6a and that information is on the short form.
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