The notion that there is any common law principle to naturalize the children born in foreign countries, of native-born American father and mother, father or mother, must be discarded. There is not, and never was, any such common law principle.
and:
It is universally admitted, both in the English courts and in those of our own country, that all persons born within the Colonies of North America, whilst subject to the Crown of Great Britain, are natural-born British subjects.
and:
All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens.
and:
Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign..... Thus, a person who is born on the ocean is a subject of the prince to whom his parents then owe allegiance; for he is still deemed under the protection of his sovereign, and born in a place where he has dominion in common with all other sovereigns. So the children of an ambassador are held to be [p660] subjects of the prince whom he represents, although born under the actual protection and in the dominions of a foreign prince.
and:
Persons who are born in a country are generally deemed citizens and subjects of that country." Joseph Story, Conflict of Laws, § 48.
In his emails to the Guardian, Tribe discussed Cruz’s own approach to constitutional issues, noting that under “the kind of judge Cruz says he admires and would appoint to the supreme court - an ‘originalist’ who claims to be bound by the historical meaning of the constitution’s terms at the time of their adoption - Cruz wouldn’t be eligible because the legal principles that prevailed in the 1780s and 90s required that someone be born on US soil to be a “natural born citizen.”
He added: “Even having two US parents wouldn’t suffice for a genuine originalist. And having just an American mother, as Cruz did, would clearly have been insufficient at a time that made patrilineal descent decisive.
“On the other hand, to the kind of judge that I admire and Cruz abhors - a ‘living constitutionalist’ who believes that the constitution’s meaning evolves with the needs of the time - Cruz would ironically be eligible because it no longer makes sense to be bound by so narrow and strict a definition.”
Tribe said: “There is no single, settled answer. And our supreme court has never addressed the issue.”
Using this logic....then all of these Mexicans who walk in and fake out the country registration folks, and get registered to vote....are automatically US citizens then, if they appear on the voting lists of that county.
The rule is, you're natural born if you are entitled to citizenship by birth. Ted Cruz qualifies, even though he was born outside the US. As does John McCain. As did Barry Goldwater (born in Arizona before it became a state). As did George Romney, who was born in Mexico of American parents. They all qualify, despite being born outside the soil of the admitted States of America.
Now, Ricky Sanchez was born in Guanabacoa, Cuber, a township of Havana. His parents got him here as soon as they could, but, sooo sorrry, that's not good enough under the Constitution!
But by several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king’s ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain.
Blackstones commitaries
Rick Sanchez eh? Formerly of CNN?
Let me see....
EPIC MEDIA FAIL: CNN’s Rick Sanchez places Hawaii off the coast of South America
By POPEYE
(RAW STORY) CNN host Rick Sanchez may have been trying to overdramatize yesterday’s earthquake in Chile by placing Hawaii off the coast of Ecuador for his more geographically-challenged viewers.
-———————snip——————
And this is Hawaii,†he said, pointing to the Galapagos Islandssome 500 miles off the coast of Ecuador. The actual Hawaiian islands are another 4,000 miles northwest of where Sanchez indicated.
The Galapagos being much closer to Chile than Hawaii, it may have been an attempt to overestimate the danger and keep his viewers tuned in.
But, in another segment of yesterday’s coverage, the news host asked a tsunami expert to explain how much “nine meters†is.
“Nine meters in English is what?†Sanchez asked.
“We just ran the phrase through Google translator, and apparently ‘nine meters�€™ in English roughly translates to ‘nine meters,’†quips Kyle Munzenrieder at Miami New Times.
www.federaljack.com/epic-media-fail-cnns-rick-sanchez
When did Ted Cruz permanently move to the USA?
Why doesn’t someone ask Cruz’ mom about this? It is odd she seems to be not out front.
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.
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.
I have a simple solution. Don’t allow pregnant women out of the country!
This is a needless argument we are having and it will not go away. It will be argued, contested and litigated without end. This is a trap, set by who?; but it is a trap.
Consider this: The Constitution says “natural born citizen”. Period. That phrase has been under attack as much as “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Now consider: A defense of “natural born citizen” for John McCain, Mitt Romney and now, Ted Cruz had to be made. I won’t even mention the half breed who has no valid proof. What is happening here is a deliberate attempt to undermine the Constitution and pave the way for someone who has no right to be President.
Cruz should do what is right for the country, not his ego. And Trump should back off. Stick to the issues that have dominated the campaign: illegal immigration, jobs, taxes. That’s a winner; this trap is not.
I see many posts here and elsewhere on this topic.
The social media posts, by the thousands, are some of the most ill-informed, illogical posts. Most have no clue.
Many here have always been well-reasoned and supported.
Much of the problem, as I see it, lies in the sloppy use of the terminology used.
I see many saying “Ted Cruz is an American,” or he’s a “natural born American” or other worse variations.
The two operative terms here are “citizen” and “natural born citizen.” They are NOT equivalent terms in their rights, privileges and protections.
NBC = Born on US soil of TWO US citizen parents.