Stebben84 wrote:Why the hell does this matter? Here is an example for you. A family goes to Mexico and the wife is pregnant. Something happens and she gives birth earlier than suspected and has to do it in Mexico. Is the kid not a US citizen then? If you think so, then what is the difference with someone visiting overseas vs. living overseas for a whole variety of reasons.
Of course the kid is a citizen. I would not think it necessary to spell it out but apparently it is here in this forum and I wrote an extra note earlier to be especially clear. I am assuming that the family in your example is US citizens, not just US residents or visitors.
The child is a citizen by virtue of law or statute and that can be changed tomorrow by simple majority vote in the House and Senate.
Same holds true of someone like McCain.
Or George Romney. (Probably. I do not know the exact laws of the US or Mexico at the time of his birth and don't care enough to look)
Those of us born in the US are citizens by the 14th Amendment of the Constitution. As is the Mexican kid who is born in the US, however brief his mother's stay, reason for being here (unless they are diplomats), or even legal status.
What the kid born in Mexico is not, in the opinion of many, is a "natural born citizen" because they were not born on US soil. Some disagree that this is a Constitutional requirement but many others, including myself, think it is.
It is certainly a historical custom. Every single president to date has been born in the US. Arthur is a possible exception. Some say he may have been born in Canada but that has never been proven and it is generally accepted that he was born in the US. He certainly claimed to be.
Or, to be painfully obvious again, what became the US. In the case of Washington, Adams, Jefferson and some others.