Posted on 01/11/2016 8:19:23 AM PST by Greetings_Puny_Humans
Yes, some of that's true, but we don't know the rest without seeing the paperwork and timeline.
The problem is, we don't know for sure what his father's and his mother's citizenship each were when Ted was born.
If they were both Canadian citizens, then you're right that Ted Cruz would be a natural born Canadian citizen and nothing else.
What else could he be in that case?
His citizenship would be pure Canadian when he was born, the very essence of a "natural born" citizen.
Good call!
They got it through constitutional amendment, not by turning the constitution into a "living" document that made it so, despite the original intent of the ones who wrote the laws.
>> The SCOTUS has never applied the term “natural born citizen†to any other category than those born in the country of parents who are citizens thereof <<
It never needed to. The only law where the issue is relevant is presidential elections. And there have been several presidential candidates born overseas, whose eligibility has never faced legal challenge.
Neither Happerset nor Ark limited “natural-born” citizens to those born in the United States, nor suggested anyone born a citizen needed naturalization. Nor has any legislation or court case ever referred to anyone who was a citizen at birth as having been “naturalized.”
The Venus doesn’t refer to NBC. If it meant “natives” as a substitute for “natural-born citizen”, by it’s definition, neither George Romney nor John McCain would have been eligible.
>> The problem is, we don’t know for sure what his father’s and his mother’s citizenship each were when Ted was born. <<
HUH? Are you suggesting his Mom renounced her US citizenship, or are you suspicious that her birth certificate is a fraud.
The sole purpose of the NBC requirements is to prevent a foreigner from becoming president. Why are you torturing it such as to prevent a patriotic authentic conservative citizen from becoming president?
What the hell is wrong with you?
I’m not muslim, why should I care what Allah says?
I find it most interesting if so many people wish to create a third class of citizen. There are only two types of citizen in the United States under the law as presently understood and enforced are a citizen at birth and a naturalized citizen. There is no third if anyone can find a third classification and statute I would like to see it. Since a person who is born and is a citizen at the time of birth is not naturalized they are born a citizen thus unless you discount c-section births they are a natural born citizen.
If it’s resolved in an airtight way, why didn’t Cruz get some kind—any kind—of resolution before throwing his hat into the ring? Even if he imagined it would be a nonstory in the primaries, he had to know the Dems would go haywire on it, were he to emerge the candidate for the general.
Cruz's father didn't become naturalized until 2005, and until 2014 Cruz was a dual citizen of Canada, and, according to a friend of his, knew he was a dual citizen long before the media broke the news to him in 2014.
Whatever the case, the amount of time you live in the US doesn't determine if you are a "natural born citizen."
The sole purpose of the NBC requirements is to prevent a foreigner from becoming president.
Which the founding fathers would have recognized him as being.
The text of the bill:
“And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizensâ€
Yes, and the text plainly says such a person is NOT a natural born citizen.
“The only wrinkle with Cruz is that his father was not a citizen. Thus, under this legislation, he would not have been a citizen. But that’s not my point; my point is that is that Congress defined natural-born Citizens as those who were citizens at birth. Later legislation allowed citizenship to be confirmed at birth when only one parent was a citizen.”
Wrong, because Congress did not make such a definition for natural born citizen, so your entire analysis fails. Congress has no Constitutional power to legislate the citizenship of a natural born citizen. The Constitution only granted the Congress the power to “establish an uniform Rule of Naturalization.” TThis Rule of Naturalization includes and can only include the making of an alien into the status of an alien who is to be “considered as” a citizen of the United States, or in the 1790 act “considered as” a natural born citizen. The usage of the legal term of art, considered as, is plain language saying the person is an alien citizen who will now become accepted as a U.S. citizen despite not having been born a U.S. citizen. The Congress has no power to make a person an actual natural born citizen at birth. The Congress only has the power to make an alien born child of a U.S. citizen be “considered as” or accepted as if they were a natural born citizen in most but not quite all respects.
“Incidentally, Cruz’s parents were never legally permanent residents of Canada. The Canadian documents suggesting they were citizens was published precisely so they could be corrected. Cruz’s parents, not being Canadian, didn’t know this. But their failure to correct a report which incorrectly lists them as citizens in no way makes them citizens.”
That is an entirely false statement, and if you continue to repeat it you will be disseminating a lie. The Canadian Government granted Ted Cruz Canadian citizenship with the birth certificate they received when he was born and which the Cruz campaign has made available to the public. Under Canadian law, Ted Cruz was able to acquire that Canadian citizenship at birth only because one or both of his parents was a Canadian citizen or a Canadian Permanent Resident. We know for a fact Rafael Cruz was a Canadian citizen or a Canadian Permanent Resident when Ted Cruz wss born, because Rafael did naturalize as a Canadian citizen before or soon after the birth of Ted Cruz and the residency requirement to do so had to overlap the date of birth of Ted Cruz. Under the requirements of Canadian law, the wife of Rafael Cruz would usually be required to complete the same steps at about the same time as the husband, so she wss either a Canadian citizen or more likely a Canadian Permanent Resident on the same road to Canadian citizenship as her husband when Ted Cruz was born.
we’re going to do this dance until the USSC grows a pair
There is nowhere for Cruz to go for such a resolution, and no need for Cruz to obtain one, as the law is very specific and he and his parent(s) meet the requirements of law.
If Trump, the DNC or anyone else wants to make it a legal issue, then it is up to them to do so in court.
This is all a very stupid path for Trump to go down. It suggests he does not understand the law, or worse, does not like the reality of the law explained to him by those who do understand it.
I think the Court would hold that the distinction between the citizenship of the mother and the father at English Common Law is no longer valid, based on the 14th and 19th Amendment.
All I'm saying is that I don't know what Mrs. Cruz's citizenship was when Ted was born.
I have no reason to doubt that she wasn't born a US citizen, so her birth certificate makes no difference to me one way or another.
From what I understand, she married a foreign citizen who could no longer stay in the US.
Mr. and Mrs. Cruz appear to have moved to, and settled in, Canada where they started a business and family. They lived there for 8 years.
In 1974, when Ted Cruz was 4 years old, the family emigrated to the US.
By his own admission, the elder Mr. Cruz became a Canadian citizen. Was he a Canadian citizen when Ted was born? I don't know.
Regardless, best case, Ted might be a plain, old American citizen.
There's nothing wrong with that! But, he is not a "natural born" American. How could he be?
But you're right about his maybe being a natural born Canadian, though. We'd have to see his parents records when Ted Cruz was born to know for sure.
Good thing Trump is bringing the issue up now!
“As we all know,..if obama was a white man, he would not be President..”
Anyone who would contradict that statement is not thinking. He is president not in spite of being nonwhite but because he ran as a black man even though he cannot possibly be less than fifty percent white unless he is lying about who his mother was. Had he been blond and blue eyed and all else the same he would have been laughed at when he tried to run for president.
Fordham shouldn’t even be an accredited law school. Its rankings are artificially inflated by the number of applicants who use it as a fallback school because they’re too afraid to leave the Northeast after denied admission to top tier schools.
The term specified—”natural born— was used in the Constitution to indicate “no conflicting loyalties”—as having a Cuban or Kenyan father might create— to draw a distinction between NBC and mere citizen by birth, like anchor babies are claimed to be.
Can an anchor baby—a “dreamer”—become Prez if they are 35?
No doubt Cruz is a citizen—but with only one American parent, no way is he an NBC, according to his own definition when interviewed while running in the Texas Senate primary.
A citizen from birth is not the same as a natural born citizen. Here is an accurate description.
There are two types of citizenship, naturalized and born citizen. (The definition of born citizen has changed over time, i.e. anchor babies and perhaps soon illegals). There is a subset of born citizen which is a natural born citizen. This is a born citizen that would have no other nation having claims on them, i.e. born to U.S. Citizen parents on U.S. soil. This is exactly why the draft of the Constitution was amended by adding the word natural before the word born. This definition does not change over time which is why it is important to the security of the nation.
Like it or not, that is the historical record and the meaning according to those who crafted the document.
Aside from the founders (who by definition could not be natural born citizens thus the exception for them) there are only two known cases where someone who was not a natural born citizen became president - Chester Arthur and the current occupier.
Those that ignore the facts, and dissemble the plain and simple truth and meaning of the founders, provide the means by which new usurpers may claim the presidency thus hastening the great damage and decay that has already occurred to the Republic.
Respectfully,....
“If you liked his inane comment, I bet you loved my retort.”
It was essentially meaningless. Yes, people who lived here when the constitution was adopted were natural born and nobody born afterwards gained it that way. They all gained it by being born here.
The constitution only speaks of Natural born citizens, naturalized citizens, aliens, and those living here when the constitution was adopted.
There is no class of citizen that was born here, gained citizenship by birth, but is still not a “natural born”.
What would a law from 1709 have to do with anything?
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