Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: patlin

You are correct that Cruz is not eligible to be President, and you correctly state reasons why according to the 14th ammendment, Cruz was NOT even a U.S. citizen at birth.

To further clarify, the 14th ammendment defines citizen at birth, NOT “Natural Born Citizen” which is not mentioned anywhere in that ammendment.

To understand that, look to Emer de Vattel, who defined a ‘natural-born citizen’ in his highly acclaimed and influential “The Law of Nations, Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns,” Section 212 (1758 French) (1759 English) and to several Supreme Court cases that cite Vattel and his explanation of “Natural Born Citizen” as one born on U.S. soil to citizen parents, such as:


The Venus, 12 U.S. 8 Cranch 253 253 (1814)

Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: “The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens.

Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.


Minor v. Happersett , 88 U.S. 162 (1875)

The Constitution does not in words say who shall be natural-born citizens. Resort must be had

elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the

Constitution were familiar, it was never doubted that all children born in a country of parents who

were its citizens became themselves, upon their birth, citizens also. These were natives or natural-

born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as

citizens children born within the jurisdiction without reference to the citizenship of their parents. As to

this class there have been doubts, but never as to the first.


United States v. Wong Kim Ark, 169 U.S. 649 (1898)

At common law, with the nomenclature of which the framers of the Constitution were familiar, it was

never doubted that all children, born in a country of parents who were its citizens, became

themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as

distinguished from aliens or foreigners.


221 posted on 03/29/2016 12:43:19 PM PDT by RebelTex (Jus Soli + Jus Sanguinis = NBC)
[ Post Reply | Private Reply | To 152 | View Replies ]


To: RebelTex
If one is a citizen at birth, they are naturally, natural born. The law does not define them, it is their parents allegiance & residence in one of the states of the United States at the time of their birth that makes them natural born. An alien does not beget a citizen and a citizen does not beget an alien. This goes back to Adam & Eve, it is called the law of nature, where a wife and children take upon themselves the national character of their husband/father respectively. It is not complicated, it is called common sense!

The US Constitution gives Congress the authority to make laws governing immigration and naturalization, they have no authority over nature and those born naturally to the members of any given society.

Citizenship is a political characteristic that can only come via 2 ways, being born to citizen parents that increases the society by natural means, or by naturalization, that which increases the membership of a society by the rule of law.

Rogers v. Bellei (1971) https://supreme.justia.com/cases/federal/us/401/815/case.html

233 posted on 03/29/2016 1:18:48 PM PDT by patlin ("Knowledgee chosen to participate inthat is - 2nd to none but God" ConstitutionallySpeaking 2011)
[ Post Reply | Private Reply | To 221 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson