Posted on 01/16/2016 10:14:22 AM PST by conservativejoy
Those who claim the plural "citizens" excludes children of only 1 citizen parent must also claim that the plural "children" excludes only 1 child of citizen parents!
Clearly an unsupportable reading of the statue.
NBC = born on US soil to TWO US citizen parents.
Covered here on FR.
I believe the courts will leave the issue alone and respect the political determination.
http://nhpr.org/post/trump-sanders-cruz-and-rubio-fend-nh-primary-ballot-challenges
...Republican Texas Sen. Ted Cruz, who was born in Canada to an American mother, faced three challenges of whether he is a naturalized citizen.
The commission rejected all of them.
A similar complaint against Republican Florida Sen. Marco Rubio was also tossed out. Cook said the issue of naturalization is beyond the commission’s jurisdiction...
Neither are running this time around. Romney was born on US soil, His mother also born here, father probably a citizen at the time of Mitts birth. McCain born at a military base, which obviously would qualify as US soil. Same as foreign embassies or US flagged ships.
Don’t know if Rubio’s parents were citizens when he was born, but I’d be surprised if they weren’t.
Cruz has a problem with this, no question about it. We all know you must be born on US soil and no one gives a hoot about the minutia of this or that court ruling. It only further bolsters the common belief that DC politicos will do or say anything for political expediency.
The Constitution is clear. Natural Born only refers to President and VP. The reason the VP. must be Natural Born is in the event something should happen to the President the VP. would be sworn in as President. If something happened to the VP. after becoming President then the Speaker of the House would step in temporally special election would take place.
“Neither are running this time around.”
That is exactly why I am asking the question, “Where was all of this furor for Romney and McCain?” ;-)
The Senate made provisions for McCain.
There appear to be double-standards everywhere.
“Where was all of this furor for Romney and McCain?â€
Probably for the reasons I mentioned in the previous post. There’s nothing to argue about. I have no idea why concessions were made for McCain or in what context they were made, as I say he was born at a Military base. Maybe it wasn’t one of ours, but one of our allies?
If your mom’s a citizen, you are a citizen no matter where you’re born or what your daddy is- you might after all, be a bastard, your mom might be single. A pregnant American can’t deny you US citizenship just by crossing a border and delivering on the other side, nor lose it for you by giving birth on a Danish cruise ship or on an el Al airliner in mid flight. A foreigner can’t abduct your American mom and hold her hostage until she gives birth so you will be a citizen of his country and not ours. If your mom goes sightseeing in Germany and goes into labor prematurely and you’re born on a tour bus in an art museum parking lot -guess what? You’re still American.
This is why I won’t vote for a birther candidate - the argument is just as stupid and tiresome as the claims of dingbats who insist a plane didn’t hit the Pentagon on 9/11 or who insist the moon landings were fake or who insist that global warming is dooming the planet. It’s just dumb. Any candidate that stokes this insanity is either just as stupid or else is a deceiver who knows his base is composed of simpletons.
Rubio’s parents were not citizens when he was born. He is not a natural born citizen.
Not even close I guess. Four years.
WhiskeyX, good background material, to see what the founders had in mind; opening up opportunities that had previously not been attainable.
Except one: potus.
Hoosermama, ping:
http://www.freerepublic.com/focus/f-chat/3384498/posts?page=11#11
3 generations; so the candidates grandparents had to be US citizens?
If you come into the country as an immigrant, you cannot be president (1), when they have a child, he/she cannot be president(2), but when those children have a child, and everyone was born in the United States (3), they are natural born.
Each of the above examples are citizens, but only the last are Natural Born.
Vattels “Law of Nations” states
§ 212. Of the citizens and natives.
“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 natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.â€
From Vattel:
“...The natives, or natural-born citizens, are those born in the country, of parents who are citizens. ...”
It says “Parents who are citizens”. It doesn’t say that the parents themselves need to be natural born citizens.
If the child was born here after the parents became citizens, then the child is a natural born citizen.
So lets look at two people.(1) Barak Obama (Barry Soetoro), his father was Kenyan, a citizen at the time of Great Britain, His step father was Lolo Soetoro, and Indonesian Citizen, both never were, and have not become American Citizens. (2) Ted Cruz (Rafael Edward Cruz; December 22, 1970 (age 45); Calgary, Alberta, Canada), His father is Cuban, and became a citizen in 2005, Since the Father confers citizenship as previously explained, He can confir Cuban citizenship, but not US Citizenship as a natural born citizen.
Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senators parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.
Article I of the Constitution grants Congress the power to naturalize an alien, that is, Congress may remove an aliens legal disabilities, such as not being allowed to vote.
But Article II of the Constitution expressly adopts the legal status of the natural-born citizen and requires that a president possess that status. However we feel about allowing naturalized immigrants to reach for the stars, the Constitution must be amended before one of them can attain the office of president. Congress simply does not have the power to convert someone born outside the United States into a natural-born citizen.
Let me be clear, I like Cruz, I think he is brilliant, but there are facts IMO, that need to be clarified, so that his campaign does not go off the rails before the elections. As many have said, any one of those Republicans running would be better, IMO, than the democratic frontrunners, this is about removing obstacles before they prevent serious contention later down the road. Good luck to everyone.
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