Native born vs. natural born, as a qualifier for the Presidency, has never been adjudicated by SCOTUS .
Obama , Cruz, Haley and Harris do not meet the requirement.
Some Freepers say that both of your parents must have been American citizens at the time of your birth, in order for you to be a natural born citizen.
Other Freepers say as long as you were born in America, you are a natural born citizen.
The Court hasn’t really ruled on the Constitution since the kicked it to the curb under FDR. They have been ruling on the margin notes they proverbially scribbled on it with their crayons instead.
Where does it define exactly that definition. Also, apparently George Washington was never president either.
So, if tomorrow, someone discovered there was a problem in Trump’s mother’s citizenship application, you would Sat he was never president.
Cruz is Cubamerinadian.
Yup.
There is nothing natural about statutorily created U.S. citizenship, either at birth or after birth. As Michael Ramsey points out in his essay, “The Original Meaning of ‘Natural Born’: “In general in eighteenth-century legal language, natural meant the opposite of ‘provided by statute’ (hence, ‘natural law,’ ‘natural rights,’ natural born’).
Moreover, by the rule of statutory construction: ‘Citizens of the United States from birth’ (CaB) is not synonymous with Art. II, I, Cl. 5 natural born citizens (nbC).
Usually, a general clause (i.e., Citizens of the United States at birth — 14th Amendment) can not govern a specific clause (i.e., No Person except a natural born Citizen — Art. II, I, Cl. 5) unless Congress has stated explicitly via its constitutional authority that “all citizens at birth are natural born citizens” — which, in, and of itself, would be unconstitutional, as positive law cannot create natural law — the court MUST give each clause a separate legal effect. Simply put: “While all natural born citizens are Citizens of the United States at birth, statutory Citizens of the United States at birth are not natural Citizens of the United States by birth. As such, neither Tulsi Gabbard, Nikki Haley, Vivek Ramaswamy, nor Elon Musk (just in case) is eligible to hold the office of the presidency or the vice presidency of the United States.
Supreme Court Cases that Cite “Natural Born Citizen” as One Born on U.S. Soil to Citizen Parents is as follows:
Venus, 12 U.S. 8 Cranch 253 253 (1814)
Shanks v DuPont, 28 U.S. 3 Pet. 242 242 (1830)
Dred Scott v Sandford, 60 U.S. 393 (1857)
Minor v Happersett, 88 U.S. 162 (1875)
United States v Wong Kim Ark, 169 U.S. 649 (1898)
Perkins v. Elg, 307 U.S. 325 (1939)
US Courts recognize US vWong Kim Ark as precedent for natural born citizens born in the US.
Obama, Haley, Harris, Rubio and Jindal are all covered by it, Cruz is questionable although several courts ruled him eligible.