National Review Online: The Cruz Birthers

http://www.nationalreview.com/articles/343914/cruz-birthers-eliana-johnson ^

[Cold Case Posse Supporter]

42-year-old Cruz was born in Calgary, Alberta, to an American mother and a Cuban father. By dint of his mother’s citizenship, Cruz was an American citizen at birth. Whether he meets the Constitution’s requirement that the president of the United States be a “natural-born citizen,” a term the Framers didn’t define and for which the nation’s courts have yet to offer an interpretation, has become the subject of considerable speculation.

Snip~

Legal scholars are firm about Cruz’s eligibility. “Of course he’s eligible,” Harvard law professor Alan Dershowitz tells National Review Online. “He’s a natural-born, not a naturalized, citizen.” Eugene Volokh, a professor at the UCLA School of Law and longtime friend of Cruz, agrees, saying the senator was “a citizen at birth, and thus a natural-born citizen — as opposed to a naturalized citizen, which I understand to mean someone who becomes a citizen after birth.”

Federal law extends citizenship beyond those granted it by the 14th Amendment: It confers the privilege on all those born outside of the United States whose parents are both citizens, provided one of them has been “physically present” in the United States for any period of time, as well as all those born outside of the United States to at least one citizen parent who, after the age of 14, has resided in the United States for at least five years. Cruz’s mother, who was born and raised in Delaware, meets the latter requirement, so Cruz himself is undoubtedly an American citizen. No court has ruled what makes a “natural-born citizen,” but there appears to be a consensus that the term refers to those who gain American citizenship by birth rather than by naturalization

[Cold Case Posse Supporter]

It doesn't help when you have Attorney Alan Dershowitz stating Cruz is a natural born Citizen when he clearly is not. The federal law the author points to in the article defines nationals and citizens at birth. Not Constitutional Article 2 Section 1 natural born Citizens strictly for the presidency. Since Ted Cruz was not born in the country (he was born in Canada) and he was not born to “citizen” parents (his father was not a U.S. citizen at the time of his son's birth), he is not and cannot be a “natural born Citizen.” Under an Act of Congress (8 U.S.C. Sec. 1401(g)), he is a "citizen of the United States" at birth. This means for him that he is eligible to be a Senator, who at a minimum only has to be a “citizen of the United States” for nine years, but not eligible to be President, who must be a “natural born Citizen.” A statutory citizen (bestowed by man's pen) can never be a "natural born" citizen (bestowed by God/nature). Article II, Section 1, Clause 5 says a “natural born Citizen” is eligible to be President. It does not say a “citizen” who is not a “naturalized citizen” is eligible. In other words, one has to meet the definition of a “natural born Citizen.” You do not get there by simply showing that one is a “citizen” which status was not acquired by naturalization after birth, for that is not the definition of the clause. Again, the definition of a “natural born Citizen” is a child born in a country to parents who were its “citizens” at the time of the child’s birth. The is the only definition of the clause and it is that definition which must be satisfied, not some other definition under the Fourteenth Amendment or Congressional Act used to acquire the status of a “citizen of the United States” at birth (what you call a non-naturalized citizen).

[svcw]

I was wondering where you studied Constitutional law?

[Viennacon]

McCain ran. Zero is now in the White House.

Cruz can be president. The senate will allow him.

[WildHighlander57]

CCPS,

You did a good analysis of the article and refutal of dershowitz’s angle.

There’s reference to “ natural born citizen” in the Minor vs. Happersett court case.

I’m not concerned if someone calls it “dicta”, at least a court looked at the issue and put their analysis in writing.

(P.s. don’t feed the trolls!)

[Windflier]

[PghBaldy]

Does not anyone find it odd that so many of the top possible candidates or past candidates are of questionable NBC status? It almost seems like a plot to pic no one besides questionable people.

[jsanders2001]

I guess all the libs and lefties that said birthers were nuts will get to wear the shoe on the other foot soon. Ironic isn’t it?... Lol

[Tau Food]

For 57 straight presidential elections, we have followed the Constitution and in each case, the voters and their electors examined, considered and approved the qualifications of all successful presidential candidates. That tradition will be followed again in 2016 because that is the procedure prescribed by the Constitution.

This is the time to defend our Constitution; it is not the time to be searching for ways to attempt to further empower elitist, unelected judges.

[Cold Case Posse Supporter]

“Does not anyone find it odd that so many of the top possible candidates or past candidates are of questionable NBC status?”

Yes. It’s appalling. Ted Cruz was born with three citizenships and allegiances.

[kabumpo]

Yes, I have noticed it, and I find it disconcerting.

[DrewsMum]

BOOKMARK

[jsanders2001]

I guess all the libs and lefties that said birthers were nuts will get to wear the shoe on the other foot soon. Ironic isn’t it?... Lol

[logitech]

If many Freepers can’t decipher what a natural born citizen is, how can we expect the LIVs to understand?

Carry on and thank you for the post.

[WXRGina]

Yes, it’s really too bad that people are so dumbed-down that they can’t see that the Founders made a distinction between the President and Senators and House members when it came to qualifications. I have YET to see anyone explain the difference.

If any of you are a “low information” citizen, please read the constitutional requirements for President, as opposed to Senators and Congressmen, and tell me WHY the President is required to be a “natural born citizen” and the others are just required to be “citizens.”

[Perdogg]

No, it is the same thing that happened to the Roman Empire. It took only 110 years for their first Emperor to come from outside of Rome.

[philman_36]

National Review was rather picky about who they got to comment.

But since they've never understood the issue anyway, judging by their articles on the subject, what would one expect!

[mylife]

4 if you count The Texas Republic!
Yeah, I am sure young Ted was singing “Oh Canada” /s

[Fantasywriter]

It took a while to get here. The last ~40 yrs of public education has been leading up to this moment. Kids have been taught to devalue citizenship, to the extent it has nothing to do w being raised by foreign and/or anti-American parents, but only to do w over which patch of dirt a baby was dropped. As if being raised American, with a knowledge of our traditions, history & mindset plays no part in it at all.

Then they’ve been carefully guarded from critical-rational thinking skills, taught that everything is relative/subjective, and above all indoctrinated to believe that all discrimination is wrong/bad/evil. Thus, to discriminate against the citizen children of foreigners is an unthinkable evil in the minds of the last 2 generations, at least.

You have a few older conservatives who ought to know better but who jumped on the anti-discrimination bandwagon, and now try to convince others that it represents the Framers’ thinking. As if the Framers cared more about PC than guarding the country from chief executives w foreign allegiances. People in the last category are the ones most wanting in intellectual depth & fiber. The rest can blame their public school indoctrination. Above a certain age, it’s just weak thinking—provided actual *thinking* plays any part in it at all.

[sten]

a child born in NYC to 2 French citizens would be deemed a US citizen by location of birth... but could also claim French citizenship due to the parents

if this person were able to be president, then it would be possible for the king of France to become president of the US, assuming he still existed.

this is the situation the founders were determined to strictly prevent... hence the wording

[junodog]

It seems to me (simple guy that I am) that there are only two ways to become a citizen. One is through “naturalization” and the other is to be born a citizen. Anyone accepted as a citizen without “naturalization” is natural born like Senator Cruz who serves in the Senate (you have to be a citizen for that) but has not been “naturalized.” QED - He’s a “natural born citizen” and clearly eligible for the Presidency (he’s over 35, isn’t he?). Why/how can it be any more complicated than this?