Posted on 10/28/2013 7:19:34 AM PDT by Paul46360
"For Cruz, Schwarzenegger, and a number of other potential candidates, the Natural Born Citizenship Clause raises a critical question: Is anyone born outside the United States constitutionally eligible to serve as president?""
(Excerpt) Read more at news.yahoo.com ...
/johnny
/johnny
That being said, I would like to make a few points that do not, as of yet, seem to have been made.
The argument is that since, by statute, Sen. Cruz was a U.S. citizen at birth, that he's natural born. The premise here is that he qualifies because his mother was a U.S. citizen at the time.
Until fairly recently, U.S. law was that a woman assumed the citizenship of her husband at marriage. Let's assume, for just a moment, that the laws in force at the time of Sen. Cruz's birth said that a woman who married a non-citizen gave up her U.S. citizenship. His mother would have assumed Cuban citizenship, his father was a Cuban citizen, and he was born in Canada. He would have been a Cuban citizen, and probably a Canadian citizen, but could not have been a U.S. citizen at birth.
The implication here is that laws that congress pass determine who can and can not be a natural born citizen. Several people on this thread and others have said as much. According to this theory, congress could pass a law stating that Tony Blair is a natural born citizen of the U.S. and could, therefore, run for president.
Sadly, I must tell you .. that once you resort to name calling, you have already lost the argument.
GOOD BYE
/johnny
johnny, I have nothing but respect for you, and I always seriously consider, and nearly always agree with your posts. But I specifically stated I would vote for Cruz. I am not anti-Cruz in any way, shape, or form, and have never posted anything negative about him. I simply posted a hypothetical that seemed obvious to me. I'm sorry if my post offended you, but please don't call me anti-Cruz.
If you want to lump yourself in that category, that's on you. Hit dog yelps.
/johnny
Yes, I saw that--a very special zot.
The sad thing is Jim is being very restrained but the bigots still keep coming at Cruz.
” Minor v. Happersett said this type of citizenship falls under the naturalization authority of Congress. “
I know you’re not here anymore but you need to actually READ Minor v. Happersett. They never said such a thing. They said they weren’t taking up the issue.
/johnny
Somehow I doubt it........
Obviously you didn’t understand or chose to ignore “common-law” in my post. Can you name any court decision since the adoption of the 14th Amendment that differentiates between an Article 2, Section 1 “Natural Born Citizen” and a 14th Amendment “Citizen of the United States At Birth?” That is what I meant by definitions “merging.”
For example, here’s a judicial ruling that reflects the merger: U.S. District Court Judge John A. Gibney, Jr.: “It is well settled that those born within the United States are natural born citizens.”— Tisdale v. Obama, U.S. District Court for the Eastern District of Virginia, January 23, 2012.
http://www.scribd.com/doc/82011399/Tisdale-v-Obama-EDVA-3-12-cv-00036-Doc-2-ORDER-23-Jan-2012
bttt
What is the legitimate group to send money to in order to support his re-election?
Or his Presidential run?
That line is no place in the text of the Constitution. No matter how much you might believe it, and no matter how much sense it makes, and it does, that line is not in the Constitution anyplace, so it becomes unenforceable.
Nowhere did I say it was “in the Constitution.” It was simply the impetus for the wording of the Article II Section 2 requirements for president, as opposed to the wording for requirements for senators and representatives.
“If he wasn’t a U.S. Citizen he could not have attended the Punahou School in Honolulu from 5th grade through 12th, Occidental College, Columbia or Harvard Law without having and then renewing F-1 (foreign student) student visas.”
Not true. Obama landed in Hawaii in 1971 as an unaccompanied minor with foreign nationality. He was taken into protective custody by Border Patrol.
At that point, a hearing was scheduled and he could be deported or appeal for asylum. Most children abandoned at the border are granted asylum. Eventually, they become permanent resident aliens (green card holders).
Green card holders are in the country legally and entitled to attend school without a visa. The Privacy Act protects green card holders from exposure. Obama’s status as a green card holder cannot be exposed without his written permission or a Court subpoena.
When Obama arrived in Indonesia, he was too old to become an Indonesian citizen via adoption and adoption was the only way to become an Indonesian citizen as a child.
The law in question is Indonesian Law No. 62 of 1958, Law on the Citizenship of the Republic of Indonesia. Assuming an adoption of Obama took place, it would fall under Article 2 of this law.
“Article 2.
(1)A foreign child of less than 5 years age who is adopted by a citizen of the Republic of Indonesia acquires the citizenship of the Republic of Indonesia, if such an adoption is declared legal by the Pengadilan Negeri at the residence of the person adopting the child.”
Barack Obama was already six years old when he moved to Indonesia. In the absence of adoption papers and evidence of formal renunciation of U.S. Citizenship by a six year old at the U.S. Consulate in Jakarta, your theory fails.
Anyone who is granted Permanent Legal Resident status (green card) has files documenting their status that are available under Freedom of Information Act requests. There is also no record of Obama arriving as an unaccompanied minor and being placed under the jurisdiction of the Border Patrol.
I have written this over and over on these citizen threads. The child of my American son, was born in England and his mother is English. His birth was registered at the American Embassy the day of his birth and he was issued a regular US passport. He is a natural born citizen of the US. His birth was also registered that day at the English hospital. He may run for president of the US if he denounces his English citizenship - he may run for Prime Minister of England if he denounces his American citizenship.
When he comes to the states, he gets in the American Citizen line - his mother has to get in the Foreign line. There is no difference between the citizenship of my grandson and Cruz. Both were born of an American parent outside the US. My grandson will go to college in America as the American citizen he is.
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