Posted on 03/06/2016 6:48:24 AM PST by patlin
The Immigration and Nationality Act of 1965 (H.R. 2580; Pub.L. 89–236, 79 Stat. 911, enacted June 30, 1968), a.k.a. Hart-Celler Act, 1965
Section 202 of the Immigration and Nationality Act... “(b)(3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country then in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.”
Now please tell me, if the 14th gives citizenship simply based on birth on US soil, then how can one born in the US be an alien at birth? Even the Immigration & Nationality Act of 1965 states that children born to alien in the US are themselves aliens at birth.
Further, the Act goes on to say... “SEC. 203. (a) Aliens who are subject to the numerical limitations specified in section 201(a) shall be allotted visas or their conditional entry authorized, as the case may be, as follows: “(1) Visas shall be first made available, in a number not to exceed 20 per centum of the number specified in section 201(a) (ii), to qualified immigrants who are the unmarried sons or daughters of citizens of the United States.
Now let's go back to Sec. 202 ... (b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to sub section (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state...”
Now since Canada did not recognize dual citizenship in 1970, and the fact that Canada considered Cruz to be a natural born Canadian, per the 1965 Act passed by Congress, which is 100% constitutional in its language, Cruz himself, at best, is a 14th Amendment “naturalized” citizen.
Should Cruz win the nomination and then be elected, I will respect the office of the presidency as I have for the last 8 years, however, do not ask me to have respect for a person who himself does not respect the rule of law.
Rom 13:7 Render therefore to all what is due to them: tax to whom tax is due, toll to whom toll, fear to whom fear, respect to whom respect.
I’m sorry it hurts so many feelings that natural born citizen is an exclusionary term meaning one can only be a US citizen and nothing else, born here of citizen parents.
Naturally a US citizen because one cannot possibly be anything else.
Barry Soetoro/Barack Hussein Obama should be proof enough of the wisdom of the founders when they tried to prevent him from being President by requiring someone who could only be a US citizen and nothing else.
Born here of citizen parents.
Naturally a US citizen because there is no other possibility.
One cannot be anything else and also be a natural born citizen.
Obama told us he was born a British Subject.
Who believes Washington, Jefferson, Adams, Jay, Monroe, Madison, etc. would have found him to be a natural born citizen?
Rubio and Cruz think they should get away with it because Barry Soetoro/Barack Hussein Obama got away with it.
Usurpation Day, January 20, 2009, happened with the complete cooperation of both parties.
They want the Constitution changed without the hassle of amending the Constitution.
Confuse people about the clear meaning of a three word phrase and voila, every anchor baby and Winston Churchill is eligible.
The bench was the reason the GOP went along with the fig leaf resolution for McCain that was used by the Democrats as cover for Obama.
Jindal, Rubio, Haley and Cruz were all up and comers and the future of the party and ineligible.
The author of the citizenship clause in the 14th Amendment, Jacob Howard agrees with you.
http://www.14thamendment.us/birthright_citizenship/original_intent.html
Governor DePage of Maine is a US citizen who had two daughters born in Canada. He said both of them had to be naturalized before they could become US citizens.
Why doesn’t Cruz open his consular file, or whatever it’s called, and let us see for ourselves?
“Now please tell me, if the 14th gives citizenship simply based on birth on US soil, “
Common misunderstanding.
The 14th was to ensure citizens rights to ex-slaves.
The 14th has been twisted out of shape to accommodate everything from anchor babies to queer “rights.”
(1) an alien child, when accompanied by his alien parent or parents, may be charged to the same foreign state as the accompanying parent or of either accompanying parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the accompanying parent or parents, and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his accompanying spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the accompanying spouse, if such spouse has received or would be qualified for an immigrant visa and if the foreign state to which such spouse has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States
The language of this section is 100% in keeping with the Immigration & Nationality Act of 1802, that specific part of the 1802 Act, never having been repealed, thus was still in force when Rubio & Cruz were born... it was the husband/father, unless the child was born out of wedlock, that determined the child's nationality at birth.
He was born a Canadian citizen. Even if he did acquire US citizenship by our naturalization laws, he is not a natural born citizen.
When one is born in a foreign country or with foreign national parents, one acquires other citizenships, negating natural born citizen status.
One cannot be anything else and be a natural born citizen.
Well, let’s go down that road.
How about Winston Churchill?
“Churchill was born into the family of the Dukes of Marlborough, a branch of the Spencer family. His father, Lord Randolph Churchill, was a charismatic politician who served as Chancellor of the Exchequer; his mother, Jennie Jerome, was an American socialite. As a young army officer, he saw action in British India, the Sudan, and the Second Boer War. He gained fame as a war correspondent and wrote books about his campaigns.”
Cruz was, unquestionably, a natural-born Canadian.
But the US does not recognize (with very few exceptions) the effect of foreign laws on the citizenship status of US citizens.
Now, if I was a judge and you put before me the question, “is a person born to an alien father in a foreign land an NBC under Article II?”, I would say no. But what Canada had to say aboot it would not affect my decision.
“Now please tell me, if the 14th gives citizenship simply based on birth on US soil”
I doesn’t. It gives citizenship to SLAVES born on US soil, NOT illegal aliens jack pot babies.
“Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”
Senator Jacob Howard,
co-author of the citizenship clause of the 14th Amendment, 1866.
No arguments here.
First, I am an originalist as far as the constitution goes and second I am of the mind NBC requires no statutes.
Children born of two parent citizens on the soil of the US cannot be questioned, all other circumstances can be questioned.
So Marco GoamBoy was born totwo non-citizens in the US, so he is not a NC
That is NOT what the 1965 Immigration & Nationality Act says, it specifically calls attention to the laws of the foreign states as having complete jurisdiction over the nationality of children born to their citizens and thus children born in wedlock, to fathers who are foreigners are, for purposes of the 14th Amendment & Title 8, Sec 1401 of the US Code, these children are aliens at birth, no matter where they are born.
That’s been answered many times here on FR. Queen Noor was reported to have voluntarily relinquished her U.S. Citizenship at the time of her marriage. Legally, she had no ability to transfer US citizenship when the children were born.
Peace,
SR
From my understanding, Queen Noor renounced her citizenship when she married King Hussein and was no longer a US citizen when she had her boys..
A better example would be Winston Churchill or even children who were born of US soldiers in Viet Nam.
Correct
Excellent points. It’s amazing he’s never even asked about it. Something along the lines of, “Senator Cruz, Governor LePage has two daughters born in the same circumstances as you were—to an American parent in Canada. He says they had to be naturalized, in order to be US citizens. Why wasn’t that your situation as well— and what proof do you have that it wasn’t?”
But he doesn’t even get asked. (At least not now. If he goes anywhere in the election cycle, the Dems will never stop asking him.)
For that matter, all the girls in Downton Abbey could be President, since their mother is American.
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