Text 3245, 72 rader
Skriven 2010-01-17 19:57:00 av Lee Lofaso (3:800/432.0)
   Kommentar till text 3215 av Robert Bashe (2:2448/44)
Ärende: Lemme get this straight
===============================
Hello Bob,

>LL>Although Bob B. did write about his experience in this echo concerning
>LL>that topic, I do not believe his renunciation of US citizenship was
>LL>legal or constitutional.  Not that it matters.

RB>I did, and it was both legal and constitutional - unless
RB>the Supreme Court at some future date rules that an American-born
RB>citizen cannot renounce his American citizenship even voluntarily.
RB>In that case, I will be a dual national. At the moment, I have
RB>only German citizenship.

Were you born in the USA?  Then you are a US citizen.  Unless you have
formally renounced your US citizenship in the presence of US officials,
such as at an American embassy or consulate, of your own free will
without being forced or coerced to do so.

Whether or not you are a citizen of Germany (or any other country)
is irrelevant.  If you meet the criteria of being a US citizen, then
you are in fact a US citizen.  And the criteria for an individual
who has been born in the USA is very basic - simply being born in
the USA qualifies.

RB>I might add that the UK position on such matters is that
RB>you can NOT renounce UK citizenship. If you do, the act is
RB>pro forma and is not binding. The same applies to Swiss
RB>citizenship.

So?

RB>An acquaintence of mine, born in the UK, emigrated to the USA
RB>and became a citizen, for which he (at that time) was required
RB>to renounce his UK citizenship. He did, lived in the US as a
RB>citizen for many years, and then was transferred by his company
RB>back to England. He applied for a British passport, stating his
RB>birthplace correctly as "Manchester", and received the desired
RB>document without problems. His later research showed that the
RB>situation was as I described above: you can NOT renounce UK
RB>citizenship, not even voluntarily.

Britons go by UK laws.  Americans go by US laws.  The two are
not necessarily synonymous.  Britons do not even have a written
constitution.  So what the hell is the criteria for Britons?
Whatever the Queen wishes.  At least Americans have the U.S.
Constitution, which is something that is far more stable than
the whims of any King or Queen.

In the USA, the US Constitution is the supreme law of the land.
Nothing else matters.  No King or Queen, or any other entity, can
tell Americans what to do and/or what not to do.  King George
found that out.  The hard way.

IOW, British laws do not mean diddly squat.  French laws do not
mean diddly squat.  German laws do not mean diddly squat.  Chinese
laws do not mean diddly squat.  Only US laws count.

If an individual chooses to renounce his/her citizenship in order
to become a German citizen, doing so in due accordance with German
law, that is his/her perogative.  However, that individual still
retains his/her US citizenship given the fact that US law is based
on the US Constitution, not on that of any other country.

Does that make the USA a rogue state?  Not any more than any
other country.

--Lee


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