Tennessee tells the U.S. Navy veteran he's not an American citizen and cancels his driver's license. Many Military US CITIZENS HAVE CHILDREN IN FOREIGN COUNTRIES. THIS COULD BE A BIG ISSUE.
Tennessee tells the U.S. Navy veteran he's not an American citizen and cancels his driver's license. Many Military US CITIZENS HAVE CHILDREN IN FOREIGN COUNTRIES. THIS COULD BE A BIG ISSUE.
You have to have an allowance due to the age of the person, and circumstances. Tennessee didn't make those allowances. According to the US CONSTITUTION, Mr. O'Connor is a US Citizen. Laws were different when he was born. There will be many like him if states don't get it right.
Constitutional Topic: Citizenship – The U.S. Constitution Online – USConstitution.net
way: “All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside.” But even this does not get specific enough. As usual, the
Constitution provides the framework for the law, but it is the law that fills
in the gaps. The Constitution authorizes the Congress to do create clarifying
legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows
the Congress to create law regarding naturalization, which includes
citizenship.
Currently, Title 8 of the U.S. Code fills in the gaps left by the
Constitution. Section
1401 defines the following as people who are “citizens of the United States
at birth:”
Anyone born inside the United States *
Any Indian or Eskimo born in the United States, provided being a citizen
of the U.S. does not impair the person’s status as a citizen of the
tribe
Any one born outside the United States, both of whose parents are citizens
of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and
lived in the U.S. for at least one year and the other parent is a U.S.
national
Any one born in a U.S. possession, if one parent is a citizen and lived in
the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be
determined, as long as proof of non-citizenship is not provided by age
21
Any one born outside the United States, if one parent is an alien and as
long as the other parent is a citizen of the U.S. who lived in the U.S. for
at least five years (with military and diplomatic service included in this
time)
A final, historical condition: a person born before 5/24/1934 of an alien
father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be “subject
to the jurisdiction” of the United States. This would exempt the child of a
diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is
eligible to run for President or Vice President. These provisions allow the
children of military families to be considered natural-born, for example.
Separate sections handle territories that the United States has acquired over
time, such as Puerto Rico (8
USC 1402), Alaska (8
USC 1404), Hawaii (8
USC 1405), the U.S. Virgin Islands (8
USC 1406), and Guam (8
USC 1407). Each of these sections confer citizenship on persons living in
these territories as of a certain date, and usually confer natural-born status
on persons born in those territories after that date. For example, for Puerto
Rico, all persons born in Puerto Rico between April 11, 1899, and January 12,
1941, are automatically conferred citizenship as of the date the law was signed
by the President (June 27, 1952). Additionally, all persons born in Puerto Rico
on or after January 13, 1941, are natural-born citizens of the United States.
Note that because of when the law was passed, for some, the natural-born status
was retroactive.
The law contains one other section of historical note, concerning the
Panama Canal Zone and the nation of Panama. In 8
USC 1403, the law states that anyone born in the Canal Zone or in Panama
itself, on or after February 26, 1904, to a mother and/or father who is a
United States citizen, was “declared” to be a United States citizen. Note that
the terms “natural-born” or “citizen at birth” are missing from this
section.
In 2008, when Arizona Senator John McCain ran for president on the
Republican ticket, some theorized that because McCain was born in the Canal
Zone, he was not actually qualified to be president. However, it should be
noted that section 1403 was written to apply to a small group of people to whom
section 1401 did not apply. McCain is a natural-born citizen under 8 USC
1401(c): “a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United States and one
of whom has had a residence in the United States or one of its outlying
possessions, prior to the birth of such person.” Not everyone
agrees that this section includes McCain — but absent a court ruling
either way, we must presume citizenship.
Which would also include Ted Cruz. US mother, Cuban father.
Where people go wrong is vague knowledge and understanding.
Refugees came over through Ellis Island, but not all became US Citizens. They worked, paid taxes, owned land, and had children. The Potato Famine drove many here, as did the British Lords, turning out people who were 'sharecroppers' to install more profitable sheep. WW1 drove many here, as did WW11. Laws were different then.
My parents are descendants of Appalachians, Lord knows how many interracial marriages are in that mess of genes. And the only 'birth certificate' was a date in the Bible handed down to usually the eldest child or relative, if there were no living children. Same for a Marriage Certificate. The man I call Dad is my stepdad, who raised me. He was 100% Italian, born to naturalized parents, a last-born child, born in the USA, WW11 Airborne Veteran. His brothers and sisters were naturalized as they were much older. At one time Native Americans, blacks, and other races were not considered Citizens. Chinese came in to build the railroads. Not all states recognized interracial marriages either. DUMB DOWN HISTORY.
We are told it was delivered to his attorney's office as they were closing for the day.
I talked with the O'Connors just moments after they got the news and they are thrilled.
They are still moving forward with the lawsuit because they had asked the state to issue O'Connor a Real I-D. And they're still waiting for that.
Statement from the Department of Safety and Homeland Security:
****The Department of Safety and Homeland Security has diligently reviewed Mr. O’Connor’s documentation and determined that he presented acceptable proof of US citizenship to obtain a Tennessee driver's license, and a Tennessee driver's license has been issued to him. ****Not all Tennessee driver's licenses are REAL IDs, which is what Mr. O'Connor initially applied for. A REAL ID is a federally compliant license, and a combination of federal and state laws govern acceptable proof of citizenship to obtain a REAL ID. The documents that Mr. O’Connor has provided to date do not satisfy the proof required to issue him a REAL ID. The Department remains committed to working with federal partners to ensure that all US citizens in this state may obtain a REAL ID without undue hardship.
US Citizen Renewing Passport Told To Turn In Green Card
https://www.youtube.com/watch?v=9E22tPKisZg
U.S. Citizen and Veteran Rejected for Passport
https://www.youtube.com/watch?v=Ag1kNZu572Q
Immigration limbo: Man discovers he isn't a citizen after decades
https://www.youtube.com/watch?v=SdOGblrCbqM
The story of a Florida veteran denied US citizenship attracts nationwide attention
https://www.youtube.com/watch?v=SYch80ledTc
I made my call to the Governor. Now how else do we help many more like him?
Mine was cancelled as well. There is no rule of law anymore.
Print out the section of the 14th Amendment and threaten to sue.
Just hearing this is so important. Amazing work Abigail. Great stuff.
You have to have an allowance due to the age of the person, and circumstances. Tennessee didn't make those allowances. According to the US CONSTITUTION, Mr. O'Connor is a US Citizen. Laws were different when he was born. There will be many like him if states don't get it right.
Constitutional Topic: Citizenship – The U.S. Constitution Online – USConstitution.net
Per the 14th Amendment https://www.usconstitution.net/consttop_citi-html/
The 14th Amendment defines citizenship this
way: “All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside.” But even this does not get specific enough. As usual, the
Constitution provides the framework for the law, but it is the law that fills
in the gaps. The Constitution authorizes the Congress to do create clarifying
legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows
the Congress to create law regarding naturalization, which includes
citizenship.
Currently, Title 8 of the U.S. Code fills in the gaps left by the
Constitution. Section
1401 defines the following as people who are “citizens of the United States
at birth:”
Anyone born inside the United States *
Any Indian or Eskimo born in the United States, provided being a citizen
of the U.S. does not impair the person’s status as a citizen of the
tribe
Any one born outside the United States, both of whose parents are citizens
of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and
lived in the U.S. for at least one year and the other parent is a U.S.
national
Any one born in a U.S. possession, if one parent is a citizen and lived in
the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be
determined, as long as proof of non-citizenship is not provided by age
21
Any one born outside the United States, if one parent is an alien and as
long as the other parent is a citizen of the U.S. who lived in the U.S. for
at least five years (with military and diplomatic service included in this
time)
A final, historical condition: a person born before 5/24/1934 of an alien
father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be “subject
to the jurisdiction” of the United States. This would exempt the child of a
diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is
eligible to run for President or Vice President. These provisions allow the
children of military families to be considered natural-born, for example.
Separate sections handle territories that the United States has acquired over
time, such as Puerto Rico (8
USC 1402), Alaska (8
USC 1404), Hawaii (8
USC 1405), the U.S. Virgin Islands (8
USC 1406), and Guam (8
USC 1407). Each of these sections confer citizenship on persons living in
these territories as of a certain date, and usually confer natural-born status
on persons born in those territories after that date. For example, for Puerto
Rico, all persons born in Puerto Rico between April 11, 1899, and January 12,
1941, are automatically conferred citizenship as of the date the law was signed
by the President (June 27, 1952). Additionally, all persons born in Puerto Rico
on or after January 13, 1941, are natural-born citizens of the United States.
Note that because of when the law was passed, for some, the natural-born status
was retroactive.
The law contains one other section of historical note, concerning the
Panama Canal Zone and the nation of Panama. In 8
USC 1403, the law states that anyone born in the Canal Zone or in Panama
itself, on or after February 26, 1904, to a mother and/or father who is a
United States citizen, was “declared” to be a United States citizen. Note that
the terms “natural-born” or “citizen at birth” are missing from this
section.
In 2008, when Arizona Senator John McCain ran for president on the
Republican ticket, some theorized that because McCain was born in the Canal
Zone, he was not actually qualified to be president. However, it should be
noted that section 1403 was written to apply to a small group of people to whom
section 1401 did not apply. McCain is a natural-born citizen under 8 USC
1401(c): “a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United States and one
of whom has had a residence in the United States or one of its outlying
possessions, prior to the birth of such person.” Not everyone
agrees that this section includes McCain — but absent a court ruling
either way, we must presume citizenship.
Which would also include Ted Cruz. US mother, Cuban father.
Where people go wrong is vague knowledge and understanding.
Refugees came over through Ellis Island, but not all became US Citizens. They worked, paid taxes, owned land, and had children. The Potato Famine drove many here, as did the British Lords, turning out people who were 'sharecroppers' to install more profitable sheep. WW1 drove many here, as did WW11. Laws were different then.
My parents are descendants of Appalachians, Lord knows how many interracial marriages are in that mess of genes. And the only 'birth certificate' was a date in the Bible handed down to usually the eldest child or relative, if there were no living children. Same for a Marriage Certificate. The man I call Dad is my stepdad, who raised me. He was 100% Italian, born to naturalized parents, a last-born child, born in the USA, WW11 Airborne Veteran. His brothers and sisters were naturalized as they were much older. At one time Native Americans, blacks, and other races were not considered Citizens. Chinese came in to build the railroads. Not all states recognized interracial marriages either. DUMB DOWN HISTORY.
This is great stuff. The 14th amendment is such an important amendment which needs to be studied deeply. Thank you for this. Cheers
AFTER THE LAWSUIT THEY GAVE HIM A REGULAR DRIVER'S LICENSE. NOT A GOLD STAR. TRY READING THE 14TH AMENDMENT!
Veteran who lost driver's license because TN said he wasn't a U.S. citizen gets welcome news from the state
https://www.newschannel5.com/.../veteran-who-lost-drivers....
We are told it was delivered to his attorney's office as they were closing for the day.
I talked with the O'Connors just moments after they got the news and they are thrilled.
They are still moving forward with the lawsuit because they had asked the state to issue O'Connor a Real I-D. And they're still waiting for that.
Statement from the Department of Safety and Homeland Security:
****The Department of Safety and Homeland Security has diligently reviewed Mr. O’Connor’s documentation and determined that he presented acceptable proof of US citizenship to obtain a Tennessee driver's license, and a Tennessee driver's license has been issued to him. ****Not all Tennessee driver's licenses are REAL IDs, which is what Mr. O'Connor initially applied for. A REAL ID is a federally compliant license, and a combination of federal and state laws govern acceptable proof of citizenship to obtain a REAL ID. The documents that Mr. O’Connor has provided to date do not satisfy the proof required to issue him a REAL ID. The Department remains committed to working with federal partners to ensure that all US citizens in this state may obtain a REAL ID without undue hardship.
Ironically, my ancestors came over on the Mayflower. Guess they should have remained in England.