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The case for getting rid of the requirement that the president must be a “natural born citizen”
The Washington Post ^ | 1/14/2016 | Ilya Somin

Posted on 01/17/2016 4:37:25 PM PST by BlackFemaleArmyColonel

In recent weeks, much time and effort has been devoted to debating whether Ted Cruz is a "natural born citizen" eligible for the presidency. Whichever way you come down on this question of constitutional interpretation, the real lesson of this debate should be the absurdity of excluding naturalized citizens from the presidency in the first place. Categorically excluding immigrants from the presidency is a form of arbitrary discrimination based on place of birth (or, in a few cases, parentage), which is ultimately little different from discrimination on the basis of race or ethnicity. Both ethnicity and place of birth are morally arbitrary characteristics which do not, in themselves, determine a person's competence or moral fitness for high political office.

The "natural born" citizen requirement was originally inserted into the Constitution because some of the Founders feared that European royalty or nobles might move to the United States, get elected to the presidency, and then use the office to advance the interests of their houses. Whatever the merits of this concern back in the 1780s, it is hardly a plausible scenario today.

One can argue that immigrants have less knowledge of the country and its customs, and might make worse presidents for that reason. But that problem is surely addressed by the constitutional requirement that a candidate for president must have been resident in the United States for at least fourteen years. As a practical matter, anyone who attains the political connections and public recognition needed to make a serious run for the presidency is likely to have at least as much knowledge of the US and American politics as most serious native-born candidates do.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Politics/Elections
KEYWORDS: canadian; ineligible; naturalborncitizen
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To: Oceander

And just how long would such an amendment take and under what circumstances. Who can be trusted? What progressive intentions can and must be waylaid. And even after a proposal is made, it must be ratified by the states which will take how long and under what circumstances? YES the means are there but until the country starts acting like adults instead of little spoiled children I would not trust the constitution to their horrid little hands for anything on earth. It would be just mire and more politics. Simplify? Why not take a moment to learn what was written! I did. Many long years ago. But back then we still taught history and civics and constitutional law. Now they just play politics.Too tough? Too damn bad!


301 posted on 01/17/2016 7:25:36 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Mollypitcher1

Because what you think is so clear is absolutely not. I’ve read enough through it to realize that. The mere fact that this whole kerfuffle is on-going is absolute proof positive that the standard is not workable and needs to be clarified.


302 posted on 01/17/2016 7:27:00 PM PST by Oceander
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To: onyx; Wissa; UCANSEE2

I’ve hit the abuse button on so many occasions - numerous times. Nothing is ever done. The abuse is ignored or I am to blame. Humblegunner and others just keep insulting me freely, with no repercussions. But, I do know that God will not continue to bless anything or anyone that allows or exhibits hate. I also know that “he who digs a pit will fall into it, and he who rolls a stone, it will come back on him.” (Proverbs 26:27)


303 posted on 01/17/2016 7:29:47 PM PST by BlackFemaleArmyColonel (I love JESUS CHRIST because He first loved me! Thank You, JESUS! (1 John 4:19))
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To: Oceander

Just take a look at all the people who base their arguments on British common Law. Such was not the case as British common law dealt with subjects not citizens. We threw out the king. It is even stated by one of the Framers that the constitution was NOT based on British common Law. Yet, the Harvard elites and so many others continue to shove it down our throats. I was taught and I still believe Vattel’s Law of Nations. DISPROVE THAT if you can.


304 posted on 01/17/2016 7:30:01 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Oceander

Teach Vattel in the schools and there will be no ambiguity.


305 posted on 01/17/2016 7:31:58 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Cboldt

— If two people were born in Guam IN 1953 (ACCORDING TO THE LAW YOU POSTED) to American citizens who were citizens of Guam, are those two people American citizens at the moment of their birth? -
....................................................................................................................................
Yes. I would add that the parents do not have to be US citizens. They can be citizens of any country. The parents are required to be subject to the jurisdiction of the United States. That is not the same as US citizen.
*******************************************************************************
OK, these two American citizens (since birth in 1953), let’s call them Joseph & Mary, get married and have one child born in Guam and a second child born in Hawaii and a third child born in Pennsylvania. Are all three of Joseph & Mary’s children American citizens from the moment they are born?


306 posted on 01/17/2016 7:33:39 PM PST by House Atreides (Cruzin' [BUT NO LONGER Trumping'] or losin'!)
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To: Mollypitcher1

Yes, since it is in the Constitution -

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

That is Section 8 - Powers of Congress


307 posted on 01/17/2016 7:33:59 PM PST by Duchess47 ("One day I will leave this world and dream myself to Reality" Crazy Horse)
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To: Oceander

That doesn’t make sense but feel free to speak


308 posted on 01/17/2016 7:38:09 PM PST by xzins (Have YOU Donated to the Freep-a-Thon? https://secure.freerepublic.com/donate/)
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To: Mollypitcher1

Is Vattel in the Constitution? No. If not, then his value is persuasive only. That does not get rid of the ambiguity.


309 posted on 01/17/2016 7:38:35 PM PST by Oceander
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To: P-Marlowe

Never has such a question been raised. Not would it be by decent people.


310 posted on 01/17/2016 7:39:23 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: xzins

Who has more loyalty to the U.S., a naturalized citizen who has studied American history and stood up and taken an oath to support the country and the Constitution, or a native-born, like, say, Timothy McVeigh.


311 posted on 01/17/2016 7:40:03 PM PST by Oceander
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To: Mollypitcher1
Not would it be by decent people.

Was that intended as a personal insult?

BTW who do you think should decide this issue?

The voters?

The Electoral college?

Congress after the Electoral College has selected the President elect?

The Supreme Court?

You?

312 posted on 01/17/2016 7:43:24 PM PST by P-Marlowe (Tagline pending.)
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To: editor-surveyor

the clear facts are that Cruz is not eligible nor is Rubio.


313 posted on 01/17/2016 7:43:42 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: SuperLuminal

Absolutely agree.


314 posted on 01/17/2016 7:44:36 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Mollypitcher1

There are a lot of things that have happened in the last seven years that don’t make sense unless you look at them in this light.

Including the business with the seizure of the Navy patrol boats.


315 posted on 01/17/2016 7:44:49 PM PST by rlmorel ("Irrational violence against muslims" is a myth, but "Irrational violence against non-muslims" isn't)
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To: Cboldt

I totally agree. We have to hold the high ground.


316 posted on 01/17/2016 7:46:38 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: John Valentine

HELL NO.

Govt can’t even read the WHOLE 14th Amendment (...and subject to...) and apply it so. There’s SOME hair to split in everything they do to make the English language NOT mean what it says.

Sh!t, they can’t even follow ‘shall NOT be infringed’ and ‘shall make NO Law’. Jeezus!


317 posted on 01/17/2016 7:47:04 PM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: moonhawk
Were Princess Grace's children citizen when they drew their first breath?
318 posted on 01/17/2016 7:51:48 PM PST by wintertime (Stop treating government teachers like they are reincarnated Mother Teresas!)
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To: House Atreides
-- OK, these two American citizens (since birth in 1953), let's call them Joseph & Mary, get married and have one child born in Guam and a second child born in Hawaii and a third child born in Pennsylvania. Are all three of Joseph & Mary's children American citizens from the moment they are born? --

I hope this doesn't run for like six generations or something. I gave you the legal principle. It's easy to follow.

Curley Moe and Larry, the children of Joseph and Mary, are all US citizens at birth.

The source of citizenship for Curly (born in Guam) is the statute.

The source of citizenship for Moe and Larry is the 14th amendment (born in the US), assuming Moe was born after Hawaii was made a state - I think that's a safe assumtion, seeing as how Joseph and Mary were born in 1953, and Hawaii became a state on August 21, 1959. PA has been a state for a long time.

There is a residence requirement, not contentious, I don't believe. Joseph and Mary were permanent residents of Guam when Curley was born, of Hawaii when Moe was born, and of Pennsylvania when Larry was born. They were not just passing through. Just as an aside, "permanent residence" is another one of the legal things that isn't exactly what it's name implies.

So far we have Joseph (source and nation of citizenship irrelevant. He could be Tasmanian) and Mary (another alien citizen) giving birth to naturalized citizen Curley, and citizens Moe and Larry.

319 posted on 01/17/2016 7:52:34 PM PST by Cboldt
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To: House Atreides; Cboldt

— If two people were born in Guam IN 1953 (ACCORDING TO THE LAW YOU POSTED) to American citizens who were citizens of Guam, are those two people American citizens at the moment of their birth? -
....................................................................................................................................
Yes. I would add that the parents do not have to be US citizens. They can be citizens of any country. The parents are required to be subject to the jurisdiction of the United States. That is not the same as US citizen.
*******************************************************************************
OK, these two American citizens (since birth in 1953), let’s call them Joseph & Mary, get married and have one child born in Guam and a second child born in Hawaii and a third child born in Pennsylvania. Are all three of Joseph & Mary’s children American citizens from the moment they are born?
########################################################

Cboldt, since you haven’t had a chance to answer yet, let me add a fourth child of Joseph & Mary’s. That child of these two citizens was born in Germany (in a German hospital—not on a military base). Same question to that 4th child.


320 posted on 01/17/2016 7:54:43 PM PST by House Atreides (Cruzin' [BUT NO LONGER Trumping'] or losin'!)
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