NY – Strunk v NY State Board of Elections – Defining NBC…

The judge in the case once again denies another frivolous filing by our friend Strunk and reconfirming the simple facts of Natural Born: Birth on soil.

Primarily, plaintiff STRUNK attempts to revisit this Court’s dismissal of his complaint. With respect to plaintiff’s argument that this Court misapprehended his argument that President Obama is not a “natural-born” citizen, plaintiff STRUNK contends that this Court construed plaintiff’s definition of that term to require that both of the President’s parents be natives of the Untied States, when he was arguing that both parents must have been United States citizens. This is of no moment because this Court dismissed the complaint based upon lack of standing and collateral estoppel. Further, as to the merits of this argument, the Fourteenth Amendment defines citizenship as “[a]ll persons born or naturalized in the Untied States.” Moreover, the United States Supreme Court held, in Miller v Albright (452 US 420, 423-424 [1998]), that:

There are “two sources of citizenship and two only: birth and naturalization.” United States v Wong Kim Ark, 169 US 649, 702 (1898). Within the former category, the Fourteenth Amendment of the Constitution guarantees that every person “born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization.” 169 US at 702

Thus, anyone born in the United States is a natural-born citizen, irrespective of parentage.