2 years, 9 months ago
Is anyone born in a state before statehood, now considered a US born Citizen?
Are previously born people, "grandfathered in"? Are they "Naturalized" Citizens or are they now considered "Natural" citizens? Must they apply for citizenship?
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M$1 Answer
If you are born into a U.S. Territory, you are considered an U.S. citizen. In the case of Hawaii, it held "territory" status before statehood, from 1898 -1959.
From a technical point of view, this territory status and the following statehood may not have been legal. U.S. citizens, with the aid of U.S. Marines overthrew the sitting queen. The annexation as a territory in 1898 was a resolution in the U.S. legislature. There was no official cessation or treaty by the kingdom.
In 1993, a joint resolution of the U.S. Congress was signed by President Clinton, offerin an official apology for the illegal overthrow of the Hawaiian monarchy. United States Public Law 103-150. The first time that the U.S. has ever apologized for its policy of Manifest Destiny.
So...if President Obama was born in Hawaii, is he a U.S. citizen? Yes, by either statehood (1959) and territory status (1898). If we assume that he could not have been born before 1898.
If the annexation should be reversed because of the illegal overthrow of the Hawaiian kingdom....there will be some interesting interpretation by the courts.
Most of the U.S. states after the original 13 were first formed into U.S. territories, adopted a state constitution, then were approved by Congress as a state. The largest exceptions: Texas, which was an independent republic until statehood in 1845. California, which became a state after the 1850 cessation by the Mexican government. Other non-territory states are: Kentucky, Maine, Vermont, and West Virginia.
From a technical point of view, this territory status and the following statehood may not have been legal. U.S. citizens, with the aid of U.S. Marines overthrew the sitting queen. The annexation as a territory in 1898 was a resolution in the U.S. legislature. There was no official cessation or treaty by the kingdom.
In 1993, a joint resolution of the U.S. Congress was signed by President Clinton, offerin an official apology for the illegal overthrow of the Hawaiian monarchy. United States Public Law 103-150. The first time that the U.S. has ever apologized for its policy of Manifest Destiny.
So...if President Obama was born in Hawaii, is he a U.S. citizen? Yes, by either statehood (1959) and territory status (1898). If we assume that he could not have been born before 1898.
If the annexation should be reversed because of the illegal overthrow of the Hawaiian kingdom....there will be some interesting interpretation by the courts.
Most of the U.S. states after the original 13 were first formed into U.S. territories, adopted a state constitution, then were approved by Congress as a state. The largest exceptions: Texas, which was an independent republic until statehood in 1845. California, which became a state after the 1850 cessation by the Mexican government. Other non-territory states are: Kentucky, Maine, Vermont, and West Virginia.
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
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