In the News: Rep. Michelle Bachman Dual Citizen and – Taxation Discussion


Representative Michele Bachmann (R-MN), announced yesterday that is now officially a Swiss citizen (as of March 19th), which gives her dual citizenship – US and Switzerland. She is a citizen because her husband is eligible to be a Swiss citizen because his parents’ nationality, registered on February 15th. When the process was finalized on March 19th, Michele automatically became a citizen as well. Their children also become automatic Swiss citizens, her two older children being eligible for a “fast-track citizenship process”. Michele Bachmann is now eligible to campaign for office in Switzerland. Michele was a candidate in the presidential primary election but dropped out at sixth place in the Iowa caucuses.

Dual citizen public figures is nothing new; however, a question surfaces that political candidates, especially those that can be elected in positions of high office and security requirements, suggest that political candidates running for the US Congress and the President/Vice President positions should be required to undergo a thorough background check. I agree. They have access to sensitive documents and national security matters. As an ex-FBI agent stated, Barack Hussein Obama would never have passed a background check for a security clearance if that was part of the qualifications to become a presidential candidate.

Often people get an additional citizenship because, as in the case of Michele Bachmann, of a marriage to a person with dual citizenship.
Arnold Schwarzenegger retained his Austrian citizenship during his governorship of California. While non-citizens cannot be employed or elected for government office, dual citizens can.
Bachmann was interviewed in Washington by a Swiss public television station, Politicoreported, and she was with Swiss legislators. She has no plans to seek public office in Switzerland.
Fourteenth Amendment in the Citizenship Clause – the first sentence – reads:

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.

The power to establish a uniform rule of naturalizationfalls to Congress, granted by the Constitution of the United States.

A naturalized citizens is one who applies and is approved to become a citizen of the United States.
State governments have eligibility rules, according to the state’s constitution, in regards to qualifications for elected positions such as state assemblyman or congressman/congresswoman. The US Constitution has its rules established for elected offices of the three branches.
American law permits multiple citizenship, so an immigrant who becomes a naturalized citizen can also retain their native citizenship if their nation of origin permits it. However, a citizen born in the United States cannot always keep their US citizenship if they attain citizenship of another country. Citizenship can be renounced by citizens, and it can also be restored. i
In the past few years, congressional members like Inhofe (OK, 2007), Ron Paul (TX, 2007), Vitter (LA, 2008), Tancredo (CO, 2007), Deal (GA, 2007), Miller (CA, 2008), and Gallegly (CA, 2007) – all members of the Republican Party – have attempted to pass a bill to amend the Constitution to deny US citizenship at birth to any US-born child who parents are not citizens or illegal immigrants. Immigrants, specifically Mexican, have crossed the border to purposely give birth to a child, usually at the taxpayer’s expense, in order to gain automatic citizenship because that child was born in the United States. Bluntly, it is a means of abusing the 14thAmendment of the United States Constitution by unlawfully entering the United States and abusing citizenship laws. The amendment would be justified because the parents performed an unlawful act in order to achieve a lawful act. The bill has had difficulty passing because of political reasons and catering to special interest groups.
Citizens, even those with dual citizenship, must acquire a US passport in accordance with Section 215(b) of the INA, 8 USC §1185, which requires that any US citizen who is either leaving or entering the US must be in possession of a valid US passport. A person with dual or multiple citizenship will require to carry passports from each country they are legal citizens when traveling abroad.
Only natural-born citizens can be elected for the political office of President or Vice President. Children of military families born overseas are considered natural born. In the 2008 election, Democrats and its media tried to paint John McCainas a non-citizen and therefore disqualified to run for president because he was born in a foreign nation on a military base in the Canal Zone of Panama. 
This erroneous political theory/accusation was an answer to those who questioned (and still question with recent evidence of birth certificate tampering) that Barack Hussein Obama, alias Barry Soetoro, was born in Kenya and not Hawaii.
Separate sections of the INS rulings state that those people born in Puerto Rico (8 USC 1402), US Virgin Islands (8 USC 1406), and Guam (8 USC 1407); all US territories, who are natural-born are citizens of the United States.
When becoming non-citizen who applies to be a citizen of the United States goes through several steps in order to become a permanent resident/citizen, and after doing so they must take the Oath of Allegiance to the United States. Children of naturalized US citizens will become citizens automatically, but will not be considered natural-born. The time constraint for applying for citizenship is to be a resident for 3 or 5 years, two years if a legal immigrants is married to a US military service member. The applicant must complete a citizenship exam, possess the ability to read, write, and speak English, and have good moral character (background check is required). After all of that is completed, the naturalized citizen provides the Oath of Allegiance:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and the laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by law; that I will perform work of national importance under civilian direction when required by law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

Under certain circumstances, a citizen, natural-born or naturalized, can lose their citizenship; however, the law prohibits taking your citizenship against your will, but there are also certain actions where a citizen can renounce his/her citizenship.
Actions that may require loss of citizenship:
  • Becoming naturalized in another country.
  • Swearing an oath of allegiance to another country.
  • Serving in the armed forces of a nation at war with the United States, or if you an officer in that force.
  • Working for the government of another nation if doing so requires that you become naturalized or that you swear an oath of allegiance.
  • Formally renouncing citizenship at a US consular office.
  • Formally renouncing citizenship to the US Attorney General.
  • By being convicted of committing treason.
Some bad points about becoming a dual citizen is, in some cases, an additional tax liability. For example, a country may tax the worldwide income of their citizens, regardless of whether they reside in that country or whether the income was sourced there. Only two countries do this: United States and Eritrea – the US government being hungry for sources of revenue to pay for their exorbitant spending. Many countries have established tax treaties or agreements to avoid this double taxation process. The American Revolution was initiated because of the unfair taxation processes; yet today’s government does so with impunity. Some people erroneously believe that paying such exorbitant taxes is required as a loyal citizen of the United States and usually these people believe that wealthier citizens should pay for other citizens, taking a larger burden of the tax base (progressive tax rate) that literally takes from one part of society and gives it to another – forcefully. In recent years, members of Congress have tried to pass a flat tax system where everyone pays the same percentage; for as percentage works, those who make more will automatically pay more. This system will also prevent the practice of distribution of income/wealth as well as force the government to budget more effectively. Expert economists have agreed that it would be a better system for both government and the people, but it is hard to make long-term congressmen and congresswomen to initiate the change. 

In a general sense, all contributions imposed by the government upon individuals for the service of the state, are called taxes, by whatever name they may be known, whether by the name of tribute, tythe, tallage, impost, duty, gabel, custom, subsidy, aid, supply, excise, or other name.
Joseph Story
, Commentaries on the Constitution, 1833

Ron Paul for Flat Tax
Congress must be “cleaned out” of those congressional members who want to retain their oppression and abuse of power within the income tax system – on both sides of the political aisle. It is one of the reasons why Ron Paul’s popularity has escalated greatly, and has put fear in both the Democrat and Republican establishment who want the status quo to remain.
Therefore, it is up to We the People to force them to make the necessary changes or be replaced. It is also another reason why congressional members and citizens are demanding limited terms in Congress, especially the Senate. If the President of the United States is limited to two consecutive terms, so should those who create and pass legislation. The good old boy mentality in Washington has become dangerous to the implementation and existence of the US Constitution and its amendments.

Of course, there are those (progressive-socialist media and pundits) who claim that progressive tax rates make most people happy; and I guess this is true in the case of the Huffington PostNational Happiness Study” – because too many citizens (40%-45%) are paying less percentage than others or after tax refunds, none at all. And these are the people who are constantly wailing about “fairness” and complaining about “unfairness”.

However, a large part of America does not trust and feels it is an oppressive agency of government likened to the Nazi Gestapowhen it comes to the IRS (Internal Revenue Service) – and its policies and procedures are definitely unconstitutional. But no one has done anything about it. Indeed, the ObamaCarehealth program has provided more power to the IRS.
The initiation of a flat income tax would reduce the power and scope, as well as the cost, of the IRS when taxpayers will no longer be required to fill out complicated forms, spend exorbitant amounts of money to meet IRS demands, and not worry about deductions or tax refunds. They will see less money coming from their paychecks, which provides more money to be used throughout the year instead of waiting for it a year later when the government pays no interest on that money held. 

 

ENDNOTE:
i See 8 U.S.C. § 1481; “Giving Up US Citizenship: Is it Right for You?” and Jerry Markon (June 12, 2008). “Judge Offers Lesson In U.S. Citizenship”. The Washington Post. Retrieved 2009-11-19. “Ellis had moved his Alexandria courtroom to Arlington National Cemetery to swear in immigrants from more than 30 countries as U.S. citizens, the first time a naturalization ceremony was held on the hallowed grounds in the cemetery’s 144-year history. He wanted to impress upon the new citizens the sacrifices made for their freedom.”