Posted on 03/06/2013 1:26:12 PM PST by Perdogg
Sen Ted Cruz's mother was a US Citizen at the time of his birth, therefore he is nBC! He just said on Hannity he was a US Citizen at time of birth.
I can accept that the House voted as it did. However, what caught my attention was the comment by Boehner who often acts like what is good enough for him is/should be good enough for all people in the USA. As for me it is a matter of luck if Boehner and I agree.
Only if he wasn born overseas.
Per the Constitution, Congress has the power of "naturalization."
Ted Cruz is a naturalized citizen at birth.
He's clearly not a "natural born Citizen."
Sorry, but this is an argument based on circular logic and doesn't mean that these courts were not in error. A lot of courts haven't heard the Minor argument and I'm pretty sure most haven't heard the Luria argument which shows that the Supreme Court recognized Minor as THE precedent on Art. II presidential eligibility.
As the judge in Arizona said in Allen v Obama: “Contrary to plaintiff’s claims, Minor v Happersett does not hold otherwise.”
Sorry, but wrong is still wrong no matter who said it. This judge doesn't give a legal basis for supporting his denial.
Nonsense. McCain is NOT president, so an example, he means nothing.
If children born of US citizens serving in the armed forces overseas fall into some limbo in your system then your proposed system is idiotic.
It's not a matter of limbo, but of having a court citation to follow. We have court citations that recognized all children born IN THE COUNTRY of citizen parents as natural-born citizens. We do NOT have a citation that affirms Vattel 217 regarding children born out of the country in the armies of the state.
Again, the OTHER types are in the 14th amendment of the Constitution ... persons "All persons born or naturalized in the United States, and subject to the jurisdiction thereof
The SCOTUS ruled in U.S. v. Wong Kim Ark that "subject to the jurisdiction" meant having permanent residence and domicil in the United States. In effect, the court said this only applied to the children of resident aliens because natural-born citizens were excluded from the operation of the birth clause of the 14th amendment. Thus, the birth clause is only operation for:
including all children here born of resident aliens
The SCOTUS cited a N.J. ruling for guidance on this point, respecting this cirumstance:
when the parents are domiciled here, birth establishes the right to citizenship
IOW, if the parents are NOT domiciled here, birth does NOT estblish a right to citizenship.
“Permanent residence” is NOT required when there are TWO AmCit parents. the criteria is “place of general abode” (1907 Citizenship Act), “principal actual dwelling place without regard to intent”(Savorgnan v. United States). Literally, a moment of residence is all that is required........This is an anomaly that has existed in U.S. citizenship law since 1934. Unlike with ONE AmCit parent where the 10/5 or 5/2 year rule for residence or physical presence is the criteria, depending on birth year of the person.
In any event, Senator McCain is and always has been a U.S. citizen because both of his parents met the “had a residence” requirement of the 1940 Nationality Act - “.....and one of whom has ‘had a residence’.....”
Yes, I agree with you.
Today it is the US State Department that gets to determine citizenship status and they use Title 8 of the US Code, Section 1401 “Nationals and Citizens of the United States at Birth.”
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