Posted on 01/19/2016 6:38:55 AM PST by RC one
While the nation's legal scholars differ over the exact meaning of the Constitution's requirement that a person must be a "natural born citizen" to become president, they're unanimous in saying Ted Cruz is wrong about an important point.
"As a legal matter, the question is quite straightforward and settled law," Cruz has said. "People will continue to make political noise about it, but as a legal matter it is quite straightforward."
In fact, the experts say, it is neither settled nor straightforward.
It's not settled — because the Constitution does not define "natural born," a phrase that appears in the nation's founding document only once.
And though the federal courts have chewed on it from time to time, the U.S. Supreme Court has never officially said what it means.
(Excerpt) Read more at nbcnews.com ...
show me where 8 U.S. Code § 1401 strings the words “Natural Born Citizen” together. Show me where the 14th amendment strings the words “Natural Born Citizen” together. The 14th amendment, which 8 U.S. Code § 1401 is based on specifically says there are two types of citizens. Those who are born here and those who were naturalized here. It calls both of them citizens and, as such, does not in any way act upon the language of article II, section I, clause 5 which uses the language “Natural Born Citizen” in reference to presidential eligibility.
Public Act 414, Sec 320. Children Born Outside the United States of one Alien and one Citizen Parent.:
(a) A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when----
(1) such naturalization takes place while such child is under the age of sixteen years; and
(2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization or thereafter and begins to reside permanently in the United States while under the age of sixteen years.
(b) Subsection (a) of this section shall not apply to an adopted child.
https://www.gpo.gov/fdsys/pkg/STATUTE-66/pdf"/STATUTE-66-Pg163.pdf
Page 83, Sec 320
Cruz's father didn't naturalize as a US citizen until Ted was 35 years old.
That does seem like a problem for Senator Cruz.
he’s not just awesome, he’s natural born awesome.
That’s the way to obtain citizenship, for a child whose citizen parent doesn’t meet the US residency requirement in 8 USC 1401. Cruz isn’t covered by the section you cited. Wrong naturalization statute, but Cruz is still a naturalized citizen.
Yawn. NBC. Amateurs.
BTW - Canadian Law is irrelevant as this isn't Canada.
I don’t think that decision says what you think it says.
Aside from that, legal reasoning when making a decision is not preedent, carries to legal ramifications/consequences and is no more decisive in deciding a separate issue than a legal footnote.
Past opinions offer us insight into the common law underpinnings of our constitution; for example, Justice Curtis’s dissenting opinion in the infamous 1857 Dred Scott decision states:
The first section of the second article of the Constitution uses the language, “a natural-born citizen.†It thus assumes that citizenship may be acquired by birth. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth.
Given that the founders did not include a glossary at the end of the constitution, we are left with the historical record and that record is, therefore, very much relevant to this topic.
Incorrect. The residency, parents' citizenship statuses, and place of birth requirements to acquire US citizenship at birth in effect at the time of Ted's birth are listed in Sec 301 of that same Public Act 414. The conditions of Ted's birth meet none of them.
https://www.gpo.gov/fdsys/pkg/STATUTE-66/pdf/STATUTE-66-Pg163.pdf
Page 73, Sec 301.
Ted did not even qualify for US citizenship at all at the time of his birth. He also didn't qualify under section 320, as Ted's father didn't naturalize until Ted was 35.
Ted is not a natural born citizen, or even a born citizen at all, and had to have naturalized as a US citizen at some point.
He’s also an awesome democrat, just ask the awesome Clintons and the rest of the awesome democrats he’s helped get elected.
Where did you pass the bar exam?
---------------------------------------
That wasn't in effect in 1970 when Ted was born. Scroll down to the bottom of the page. You'll find links to the previous law as it was in effect, by date.
Legally, Ted was born a Natural Born Citizen of Canada according to immigration laws in effect at the time of his birth. That is a fact beyond question. I think it’s a problem Ted would probably rather not have.
---------------------------------------
Yes, that's the law that applied to Ted when he was born. He wasn't even born a citizen let alone a natural born citizen.
I realize we don't have hard evidence in hand, so my belief is an article of informed faith. He traveled to the UK (IIRC) on a US passport. He presented himself to border control as a US citizen, say his high school and college friends.
I don't have any substantial basis to think he is not a citizen.
I expressed in my first post the difference between the two statutes. I agree with you, he doesn't meet the criteria for the statute you cited. But that is not the only statute. I was just trying to be helpful, lest you adopt a false belief, following a false premise.
You are free to reject my observation for any reason, including that I fail to produce a link to the law as it existed at the time of Ted's birth.
--------------------------------------------
How so? Cite the relevant part of the 1952 Act that naturalizes him.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.