Tulsi Gabbard

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Both of her parents – Carol (née Porter) and Mike Gabbard – were already U.S citizens on April 12, 1981, Tulsi Gabbard’s birth did not take place within the United States. Rather, it took place in Leloaloa, Maoputasi County, American Samoa. Tulsi Gabbard

Though she is now a U.S. military veteran, Member of Congress from Hawaii, presidential candiate,Tulsi Gabbard, was born in the tiny overseas island territory of American Samoa. Americans born in that territory have U.S. nationality but not citizenship. The local government and people so far have not petitioned Congress for U.S. citizen status. But those born there to a U.S. citizen parent acquire parental citizenship at birth.

While American Samoa is a “territory” of the United States, it is not an “incorporated territory.”

Downes v. Bidwell, 182 U.S. 244 (1901) The United States Supreme Court had ruled in 1901 that unincorporated territories, even if under the control of the United States, are not, prior to formal action by the Congress, a part of the United States.

Rassmussen v. United States, 197 U.S. 516 (1905): Thereafter, the Court ruled that the full spectrum of the Constitution’s provisions apply only in incorporated territories of the United States, thereby excluding from that full spectrum its application in unincorporated territories.

This conclusion is also fortified by recognition that, after enacting 1 Stat. 103, the “1790 Naturalization Act,” declaring children born to U.S. citizen parents “beyond sea” (i.e., not in the United States) to be “considered” as natural born citizens, Congress repealed altogether that law by enacting 1 Stat. 414 in 1795, the “1795 Naturalization Act.” The new law changed it to be "considered" as citizens, not natural born. The title of the 1795 act was: “An Act to establish an [sic: so in original] uniform rule of Naturalization; and to repeal the act heretofore passed on that subject.”

Not only the facts above but the fact that she obatained her citizenship by an act of Congress makes her a naturalized citizen, not a Natural Born Citizen.

This falls in line with 8 USC Chapter 12 From Title 8—ALIENS AND NATIONALITY CHAPTER 12—IMMIGRATION AND NATIONALITY of the of the Immigration and Nationality Act of 1952.

§1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person.

This make Gabbard a Naturalized citizen if her parents followed the directions of the State dept. She is not natural born.

Here’s how Supreme Court Justice Hugo Black, wrote the majority opinion in the citizenship case of Afroyim v. Rusk, said it in Rogers v Bellei (1971): “Although those Americans who acquire their citizenship under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word “naturalize” in this way has a considerable constitutional history. Congress is empowered by the Constitution to “establish a uniform Rule of Naturalization,” Art. I, Sec 8. Anyone acquiring citizenship solely under the exercise of this power is, Constitutionally speaking, A NATURALIZED CITIZEN.”

And in Luria v. United States, 231 U.S. 9 (1913), the Supreme Court said: “Citizenship is membership in a political society, and implies a duty of allegiance on the part of the member and a duty of protection on the part of the society. These are reciprocal obligations, one being a compensation for the other. Under our Constitution, a naturalized citizen stands on an equal footing with the native citizen in all respects save that of eligibility to the Presidency. Minor v. Happersett, 21 Wall. 162, 88 U. S. 165; Elk v. Wilkins, 112 U. S. 94, 112 U. S. 101; Osborn v. Bank of United States, 9 Wheat. 738, 22 U. S. 827.”

She wasnt born in America, she cannot be a Natural Born Citizen.

Gabbard has a similar problem to Cruz, as she has no US birth Certificate issued from any state to prove her citizenship.

Tulsi Gabbard should have a CRBA (certificate of birth abroad) or Form FS-240 since she was not born in a State of the United states that could issue a birth certificate, so she needs a form-240 or a CRBA as you and I would a birth certificate to prove her citizenship. Her parents should have contacted either the US Embassy or US Consulate to report the birth and acquire the document.


Below is from the US State Dept.

Birth of U.S. Citizens Abroad:

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name. Click below to read the law as it was when Gabbard was born and as it still is today. The law has never changed and no where do I see that it says this law pertains to everyone except Ted Cruz and Tulsi Gabbard.


In United States V. Wong Kim Ark (1898), the Supreme Court said this:
“…A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens…”

Like I said earlier its just a very simple, common sense fix to this problem.

The fact that she was not born in America is all one needs to know, But the information provided above on 1401 plus these two Supreme Court decisions show that Gabbard is not eligible for Article II Section I Clause 5 of the Constitution, "No person except a natural born Citizen, or a Citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States."