Posted on 02/19/2016 6:36:53 AM PST by Enlightened1
Here is what the Constitution says about who can be president:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
The problem is the Constitution doesn't define "natural born Citizen." Neither does any current law. And no one has ever brought a court case to decisively settle the question as a matter of US law.
There are three ways someone can be a US citizen. He can be born in the US (regardless of who his parents are). He can be born outside the US to at least one US citizen parent, as long as certain criteria are met (those criteria are set by federal law and have been changed over time). Or he can immigrate here and then successfully apply for citizenship, a process called naturalization.
Everyone agrees that the first category of people are natural-born citizens. Everyone agrees that the third category of people are not natural-born citizens (regardless of how unfair it might be that immigrants can't be president). But Ted Cruz is in the middle category, and this is where the meaning of "natural born" starts to get fuzzy.
(Excerpt) Read more at vox.com ...
Thanks for both the question and answer I was wondering too.
I’m still wondering when this will occur. When will the case be heard and when will a ruling be given?
Anyone know?
The Naturalization Act of 1795, which was also signed by George Washington, recognized Blackstone's commentaries on English Common Law, making children born overseas in the lands under British rule, British Subjects. Even if their parents were American.
The Naturalization Act of 1795 removed the words natural born from children born overseas of American parents, so that no other potentate could lay claim to this person, and thus establish "a presence of influence" in the Executive Branch. It was the intent of our Founding Fathers to "naturalize at birth" these children, but not give them the status "natural born citizens."
"Also in this act of 1795, we see the importance of complete allegiance to the United States for all people naturalized, as this is the first appearance of the oath of allegiance "to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof such alien may at that time be a citizen or subject." This oath is still in effect today. Vattel's Influence on the Term Natural Born
Best analysis of the natural born citizen issue: http://legalinsurrection.com/2013/09/natural-born-citizens-marco-rubio-bobby-jindal-ted-cruz/
“Federal Law can not change this as the Constitution did not give congress the power to define Natural Born Citizen. It would take an amendment to the constitution to redefine Natural Born Citizen. “
The Constitution doesn’t define Natural Born Citizen.
Are you saying Hawaii isn’t a state?
Soros may have his oar in the water, he always does. But I am more concerned that Cruz allowed his ambition to overtake his respect for the constitution. That is a bad precedent.
It is a judge in Chicago. It will be very interesting to see the outcome.
When I was in school on a military base we were told those of us born overseas were not Constitutionally qualified to be President.
It would be nice to have this legally defined.
BTW, if children of diplomats born abroad meet the NBC qualifications, Iranian born Valerie Jarrett would then be qualified, wouldn't she?
There was a 1790 law that explicitly granted NBC status to children of diplomats born abroad.
It was repealed in 1795.
“The Constitution doesn’t define ANY word or phrase because every word and phrase had a commonly accepted meaning.”
And the common use of NBC at the time includes those born abroad to American citizens.
Good question.
This is another part in the article that bothers me:
“There are three ways someone can be a US citizen. He can be born in the US (regardless of who his parents are).”
Based on that, Rubio is OK (even though his parents weren’t US Citizens at the time of his birth) and any anchor baby with parents from Mexico, China, Syria or wherever can be a president in the future. At the very least, I think that needs to be clarified that their parents were here LEGALLY.
Well, I am impressed by the use of apostrophes. But are you seriously saying that the isolated volcanic archipelago in the Central Pacific, collectively known as "Hawaii," is not actually a U.S. state?
Why is Ben Carson still in the race?
He wants to be. No where in the Constitution does it say that you have to get out just because the media says so. He should stay in until Super Tuesday. Actually I think they all should. We really need to change the way we have primaries. I think it is a good thing to have a wide variety of candidates. We have only had 2 states and 3 tomorrow and people act like it is time to go? Why not 25 states? Our primary is ridiculous. I am not a Carson supporter but I do believe he can stay as long as he feels like it.
“The reason Trump never sued it that it makes a better political issue than lawsuit.”
The reason Trump never sued is the same reason he said he doesn’t conduct polling. He knows someone else will spend the money to take on the issue — so why should he waste his money?
It will be nice to have a frugal man in the White House for a change.
Go Trump.
“No, I would say he’s cunning and calculated.
He sees a better opportunity for a cabinet post in a Trump admin that a Cruz one.”
So he only cares about himself and how he can personally benefit from this. Got it.
If you count SCOTUS as legal scholars, the entire body of case law on citizenship holds that a person born abroad can only be a citizen by naturalization.
wouldn’t matter and you know it. the truther keepers of odd knowledge society would still have the long knives out. anything against their god donald must be destroyed.
Cruz could at least have let the citizens of Texas know they were electing a Canadian.
Actually this has been addressed. There is an exception for children of American’s born overseas to parents in the service of the country. This was originally meant for diplomats but before McCain ran for President he asked congress to rule on whether his father having been in military service posted overseas at the time was sufficient. Congress ruled that it did and that he was Natural Born and eligible to be President. Cruz should have made a similar petition.
Yea we may get rid of Obama and everything he has done would be negated and reversed.
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