Jus Soli -------------------->>>>>>>USA
The principle of birthright citizenship gained through being born within a country is called jus soli (Latin for “right of soil”). It isn’t dependent on the citizenship of the parents.[2]
In the United States the principle of jus soli goes back to before the creation of the Constitution. Territorial birthright citizenship was first formally established under English common law in the 1608 case of Calvin v. Smith (77 Eng. Rep. 377 (K.B. 1608)) whose decision was based upon the feudal relationship between a king or lord with their subjects in the early English feudal system.[3]
The Fourteenth Amendment to the United States Constitution confirmed this birthright citizenship in the pertinent part of Section 1,
“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.” [Note 1]
It has been presumed that any person born within the territory of the United States, including the children of illegal aliens, are granted citizenship under the 14th Amendment to the United States Constitution. [2] The only exception is for foreign diplomats’ and officers’ children.[4 and Note 2]
Jus Sanguinis ------------------------------------->>>>>>> DR & Haiti
The other natural born citizenship birthright is called jus sanguinis (Latin for “right of blood”). Jus sanguinis is based on having an ancestor or parent (often the father), who is a national or citizen of the state.[2]
Jus sanguinis has even a longer history under English common law than jus soli. The concept of jus sanguinis dates back to at least 1351 when the statute de Natis Ultra Mare (25 Edw. 3, Stat. 2 (1351)) was passed. This statute became necessary due to King Edwards III’s overseas military campaigns. The statute goes beyond just granting citizenship to the children of those in the King’s service, to include “all children born beyond the sea whose fathers and mothers were at the faith and ligeance of the king of England, and provided that the mothers had gone outside the realm with the permission of their husbands, could inherit, i.e., that they were subjects.”[5]
The concept of Jus sanguinis did influence the creation of the Constitution in the United States. The Naturalization Act of 1790 ((1 Stat. 103) March 26, 1790) clarifies this type of natural born citizen by declaring that “the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens.” Thusly the act establishes the United States citizenship of citizens’ children, who are born abroad, without the need for naturalization.[Note 3]
Congress again confirmed jus sanguinis citizenship birthright in the Naturalization Act of 1795 (January 29, 1795 (1 Stat. 414)) “and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States.” While this leaves out the term natural-born, it does declare them to be citizens by-birth through their parents and therefore do not need the process of naturalization to become citizens.[Note 4]
i almost wish they would deport me
