Tuesday, October 18, 2011

A Nation In Jeopardy Until Courts Rule On Implications Of Birthright v. Dual Citizenship

Citizen Jeopardy
By Cindy Simpson
October 18, 2011

Trivia question:  What do Anwar al-Awlaki, Yaser Esam Hamdi, and newborn twin daughters of Mexican drug lord Joaquin Guzman have in common?

You were probably ready to hit the buzzer and answer something like "What is Islamic terrorism"-until you finished reading the entire question.

The correct answer:  "What is 'presumed' US citizenship."

The adjective "presumed" was used by Justice Scalia to describe Hamdi's US citizenship in the famous 2004 case of Hamdi v. Rumsfeld.  Hamdi was born in Louisiana in 1980 to Saudi parents, and in 2001 he was captured by US forces in Afghanistan and held as an enemy combatant.  Hamdi's father filed the petition from Saudi Arabia, arguing that his son was a US citizen and entitled to due process.

Noted constitutional law expert Dr. John Eastman in his editorial, "Wrong Question in Hamdi," argued that the question before the Court should have been: "Why is Hamdi being treated as a citizen at all?"

The Center for American Unity ("CAU") and the Eagle Forum submitted amicus briefs in Hamdi that described the reasons they considered Hamdi's claim to "birthright citizenship" (the practice of granting US citizenship to every baby born on US soil, regardless of the citizenship, domicile, or legal status of its parents) more than presumptuous.

Tom Tancredo, one of the signers of the CAU brief, is asking the same question of al-Awlaki:  Was he "ever really an American citizen?"

Others with dual citizenship . . .

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