Posted on 01/17/2016 1:16:51 AM PST by RC one
Why doesn’t someone ask Cruz’ mom about this? It is odd she seems to be not out front.
being born in a country makes a person a citizen of the country where they were born. haven’t you been paying attention?
All this handwringing and trying to invent ways for people without 2 US parents to run is going to be acedemic in a couple weeks. Once Trump wins Iowa it’s a moot point for this cycle. We should codify exactly what NBC means though before the next nominating season.
So Garfield got popped, and Chet was suddenly President?
Pssst! Birfer hobby horse! Completely irrelevant!
It clearly getting close to amendment time.
It makes sense. I'll explain in a moment. But the question is, what does the constitution say? Reference to SCOTUS precedent is useful to figure what SCOTUS would say, maybe they got it wrong some time ago. Both the constitution and 100% of the SCOTUS precedent that touch on this or similar question of citizenship reach the same conclusion. If applied to Cruz, he is naturalized.
If jus sanguinas is superior to jus soli, over generations, nations will disperse. National identity will be eroded until, at some point, it is only an interesting artifact of one's blood line. All nations are eventually spread over all the earth.
No, that is not the rule. The rule turns on whether your citizenship depends on an act of Congress.
If the rule was as you claim, then children born to alien parents who are legal residents of the Virgin Islands, are NBC. See 8 USC 1406.
My American birth certificate made me a natural born citizen of the United States. How does Ted Cruz’s Canadian birth certificate do that for him?
According to Canadian law, Ted is a natural born citizen of Canada.
He was also born with American citizenship, because his mother fulfilled age and residency requirements in the US, as set forth in the Immigration and Naturalization Act of 1952.
Ted was also a citizen of Cuba through his father’s status as a Cuban citizen.
At birth, three countries had a claim of allegiance on Ted Cruz.
Plus, he is an American citizen only by virtue of a law passed by Congress. If he was born before 1934, the law at that time would not have allowed his mother to pass along American citizenship.
Thus Ted is naturalized, relying on a law passed by Congress for his citizenship.
Being natural born is self evident and requires no act of Congress to obtain.
The standard has always been to be born in America, and have two American parents at the time of birth.
Obama has one American parent and was born in Hawaii.His father was a British subject, meaning Obama was born a British subject as well.
If we accept even that low a standard—born in America, foreign father, and having an American mother, Ted Cruz fails that low bar, having not even being born in America.
A man born with dual or triple nationality can not logically be considered a natural born citizen.
The natural born requirement was inserted in the Constitution to ensure allegiance to America as best as possible.
Ted, as a Constitutional expert, already knows this.
Since he refuses to abide by it, it needs to go to court.
I know what Article II says. I’m referring to your “soil over blood” standard.
All this handwringing and trying to invent ways for people without 2 US parents to run is going to be acedemic in a couple weeks. Once Trump wins Iowa its a moot point for this cycle. We should codify exactly what NBC means though before the next nominating season.
The proper emphasis is on what the statute permits him [a person born abroad to one citizen parent] to gain from the possible starting point of noncitizenship, not on what he claims to lose from the possible starting point of full citizenship to which he has no constitutional right in the first place. His citizenship, while it lasts, although conditional, is not "second-class."Rogers v. Bellei, 401 U.S. 815 (1971)
The case isn't a question of whether Bellei was NBC. It was about whether it was constitutional to strip his citizenship, which was granted at birth. The majority held that it was. All 9 justices operated on the basis of Bellei being naturalized. That wasn't even an issue, question, doubt. That Bellei was naturalized has all the hallmarks of settled law.
The dissent characterizes Bellei thusly ...
Concededly, petitioner was a citizen at birth, not by constitutional right, but only through operation of a federal statute. In the light of the complete lack of rational basis for distinguishing among citizens whose naturalization was carried out within the physical bounds of the United States, and those, like Bellei, who may be naturalized overseas, the conclusion is compelled that the reference in the Fourteenth Amendment to persons "born or naturalized in the United States" includes those naturalized through operation of an Act of Congress, wherever they may be at the time.That succinctly states the difference between the majority and the dissent. If Bellei was NBC, this case would not be before the court, or at least there would be no split.
Now what were you saying about stare decisis?
Who would be the plaintiff in a legal challenge to Cruz's eligibility?
Who would be the plaintiff in a legal challenge to Cruz’s eligibility?
They didn't fail to define citizen. Art IV, Sec.2 " The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
If we are to find Cruz a "natural born" citizen under the constitution, first he must be a citizen under the constitution, without reference to an Act of Congress. Congress has the power to naturalize any person or class of persons. It can naturalize the whole world, if it wants to.
But, you may persist, if you want, and put an act of Congress superior over the constitution. That seems to be the thing the popular kids are doing.
Depends on the country.
All in all, looking at that map, I'd say it's better to be on the list than off of it.
So says Captain Obvious. Of course, the only logical conclusion is that he is a natural born citizen of the US.
Maybe in the U.S. that is true, but I am not aware of that standard being uniform across the world.
You asked me for the source that stated that Cruz’s mother voted in Canada. This is it. It’s second hand, but it states that it’s according to a report released by Canada.
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