I think it’s possible to argue that Greisser was “not subject to the jurisdiction of the United States.” I think Bayard was stretching it, but I think it’s possible to at least make that argument.
But by the intention of those who wrote the 14th Amendment (and I’ve read these debates now) I really don’t think it’s possible for a reasonable, well-informed person to argue that children born in the United States to US citizens or to RESIDENT aliens are “not subject to the jurisdiction of the United States.”
And both Obama and Cruz are clearly eligible.
“””by the intention of those who wrote the 14th Amendment (and I’ve read these debates now) I really don’t think it’s possible for a reasonable, well-informed person to argue that children born in the United States to US citizens or to RESIDENT aliens are “not subject to the jurisdiction of the United States.”
And both Obama and Cruz are clearly eligible.”””
Neither Cruz nor Obama were born in the U.S. to resident alien parents. Cruz was born in Canada. Obama was born to an alien father who was only temporarily in the U.S. on a student permit set to expire on August 9, 1961.
Even the Supreme Court in U.S. v. Wong Kim Ark specifically stipulates in the ruling that one’s parents must have an established PERMANENT domicile in the U.S. at the time of one’s birth in order for one born in the U.S. to acquire birthright citizenship.
BOTH Cruz and Obama are ineligible.