Posted on 12/12/2015 3:56:13 PM PST by 2ndDivisionVet
We have both had the privilege of heading the Office of the Solicitor General during different administrations. We may have different ideas about the ideal candidate in the next presidential election, but we agree on one important principle: voters should be able to choose from all constitutionally eligible candidates, free from spurious arguments that a U.S. citizen at birth is somehow not constitutionally eligible to serve as President simply because he was delivered at a hospital abroad.
The Constitution directly addresses the minimum qualifications necessary to serve as President. In addition to requiring thirty-five years of age and fourteen years of residency, the Constitution limits the presidency to “a natural born Citizen.â€1×
All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen†has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.2× (continued)
(Excerpt) Read more at harvardlawreview.org ...
Realistically, there will be no court ruling, or any controlling legal authority declaring, that Ted Cruz is ineligible due to being born in Canada.
From this it’s clear that if he did not have to go through some ‘naturalization process’, he was considered a citizen at birth. Same for that pathetic thing in the White House, unfortunately.
Good resource. Cruz is fine.
While there have been some lawsuits about Obama’s birth, they have gone nowhere in court, due to “standing” or other legal issues.
So realistically, who is going to challenge Ted Cruz, who is going to stop him from being the Republican nominee if he is the nominee, and stop him from running for President?
Natural born-
No statute needed.
Done
Desperation is unseemly.
total propaganda garbage, By that definition there is no difference at all between being born here (which diplomats children were) and natural born - as it renders the term “natural born” meaningless.
Well, there goes Rubio.
He’s an anchor baby. No American parents.
Rut roh.
Did you see who wrote it?
The demoncrats, unless Cruz can provide a Hawaii BC.
History will report that the biggest issue with Obama on this subject is that he schooled by claiming to be a foreign student.
Indonesia informed him for sure. But it was his mother that placed him in those environments.
That he lied to go to school and then hid the records will come out and it will not be kind to his legacy.
Harry Reid
Nancy Pelosi
Lindsey Graham
But then Rubio was born in America, so is an American citizen by birth, did not have to go through naturalization, even though his parents were not citizens at the time of his birth.
Do one or both parents have to be American citizens for you to be considered a natural born citizen? Even if you yourself were born in America?
Some weirdo’s actually inferred that those born cesarean section were not ‘naturally’ born. Lord help us.
This actually makes sense. Otherwise, a foreign government could seize the children of US citizens born overseas and the US government would have no obligation to protest.
A natural born citizen has no restrictions, does not BECOME a citizen, he is one at birth.
...subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth ...
That isn’t really the issue. The issue is that Hillary is widely reported to be the source of birtherism regarding Obama. If she did it to Obama, she’ll do it with Cruz.
It isn’t the ruling of eligibility; it’s how many voters get peeled off and taken away from Cruz. It will be some.
I assume that the Vattel conservatives already are determined not to vote for him.
You have to be born on American soil, to parents subject to the jurisdiction of the US government, i.e. American citizens, to be natural born.
Well, the 14th Amendment did not change the requirements for President.
The author of the 14th Amendment never said anyone dropped here was automatically a citizen, because their parents were subject to another jurisdiction.
But the Supreme Court said that person born here is a citizen under the 14th Amendment in 1898, and Congress did not fight that.
But that decision did not affect the definition of natural born citizen, which the Supreme Court has also said is a person born here of citizen parents (plural) in Minor 1875. The issue on that case was not about the definition of natural born so it was referred to in background, but was the issue of the case.
With Obama, it has been OK to say one American parent, not two, and you are natural born.
This is what validates Ted Cruz.
The qualification for Senator is merely a citizen, but not a natural born citizen.
For President, the requirement is natural born citizen.
So there must be a difference in definition.
While Congress has made laws about citizenship, it has never changed the requirements for President, because it CANNOT without an Amendment to the Constitution.
And the 14th Amendment is not it, and never was it.
It has never been adjudicated,that is, what is the legal definition of natural born citizen is.
That is because of all 44 Presidents only Chester Arthur(found after the fact) and Barack Obama only had one citizen parent. All other Presidents had citizen parents or naturalized parents at the time of their birth.
And no court wanted to deal with the issue, right up to the Supreme Court.
But if Rubio becomes the nominee, you bet the Dems will raise the issue.
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