"born in allegiance of U.S." = natural born
Quote:
Originally Posted by U.S. Circuit Justice Swayne in United States v. Rhodes, 1866
...all persons born in the allegiance of the United States are natural born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country...
Tip of the hat to whoever found this (and to Lan Lamphere for reporting it).
Re: Certification of live birth vs Certificate of live birth
Quote:
Originally Posted by jcsjcm
I didn't get to read all posts, but I had to post for those that state his Certification of live birth is a Certificate of live birth. I have a Hawaiian Certificate of live birth here:
http://snarkybytes.com/wp-content/uploa ... e-1963.jpg
*******
"Certificate of Live Birth"
Item "7c. County and State or Foreign Country".
1. Am I seeing things: Can a person be born in a "Foreign Country" and still get a birth certificate----a "Certificate of Live Birth"---from the state
of Hawaii?
2. Am I seeing things: Can a person be born in ANOTHER U.S. State and
get a birth certificate from Hawaii?
Yes, jcsjcm, a person born in a foreign country or another U.S. state can have a birth certificate from Hawaii.
Quote:
Originally Posted by Hawai'i Statute
[ยง338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.
But that statute doesn't say that the Hawaii "birth certificate" issued will be the long form Certificate of Live Birth. It almost certainly will be the short form Certification of Live Birth. The original birth certificate filed at the Hawai'i State Dept. of Health, Div. of Vital Statistics, is the long form Birth Certificate from the state or country of birth.
Item 7c. applies to the mother, not the child. Earlier, I was fooled about this too.
Quote:
Originally Posted by Hawai'i Certificate of Live Birth
7a. Usual Residence of Mother: City, Town, or Rural Location
7b. Island
7c. County and State or Foreign Country
7d. Street Address
etc.