Posted on 02/05/2016 11:33:35 AM PST by Enlightened1
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
•Anyone born inside the United States *
•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
http://www.usconstitution.net/consttop_citi.html
BTW, I congratulate you on cutting through all the smoke that has been blown by so many legal-eagles concerning the definition of Natural Born citizen. I agree with you that the term refers to an American citizen from birth, as opposed to someone who had to be NaturalIZED to become a citizen.
(Heck, the very fact that we call the procedure under which a person becomes a citizen well after he is born a naturalization is a common-sense testimony supporting [at the very least] the above simple definition. The naturalization protocol makes a person who was not a citizen by birthright just as good before the law as the birth-natural citizen--except for the fact that the naturalIZED citizen cannot be POTUS.)
This is why Goldwater and McCain were both regarded as eligible for the White House.
***
Interestingly, the Framers were only concerned about patriotic fervor for a POTUS candidate. The irony here is that a lot of people want Cruz disqualified for the reason that they don't like his strongly patriotic Constitutionalism--or, by the same token, they want to bounce him out of the race to eliminate political competition for someone they do like.
I actually think Cruz, even if imperfect, is unimpeachably patriotic (i.e., patriotic even when it hurts him politically!). I think Cruz is a lot more patriotic than Trump--a nationalistic political opportunist, IMHO--and somewhat more patriotic, more careful about societal/constitutional matters than our Anchor Baby/Gang of Eight/NSA Surveillance guy Rubio.
LOL!
When an employee has to report, by law, to Jury Duty or takes Maternity Leave. Then they are away from the company, but in most cases paid.
Pensions barely exist for new employees today. They began to cut it out in 1998. Oh and good grief 30 years at one job! Most Pensions start at 20 years. That’s a long time at one place, and not be eligible.
You gave me an analogy of a fake Corporation with a fake corporate book that requires all their employees (men and women to serve jury duty and take maternity leave even though men cannot get pregnant).
Read what the law says, and not what you wish it would say. The good news is we can always change the laws, but until then this is the law.
So, here we see the distinction between a citizen and a "Natural born" citizen. Now, just what did natural born mean? Well, I believe that it meant that both of your parents would have to have been citizens at the time of your birth. Note the exception in the wording, "...or a Citizen of the United States at the time...". I think it is plain that "Natural Born" is defined here as both parents being Citizens at the time of birth. Just MHO.
Military and diplomatic service outside of the U.S. is counted as time in the U.S. You appear to be reading this as a requirement. That would be incorrect. Is that your whole argument?
The forum is what it is. You decide how much weight to give to it, and you decide if the sources cited are authoritative, or not.
Any public forum is mostly uninformed giberish. You are responsible for what you believe.
It says “with” and not “or”.
Meaning including or in addition.
For example,
“This must be WITH A, B and C”
“Which is the answer? A, B OR C?”
That’s the way it works. We see it all the time, but do not think about it.
Just look up the definition of “With”.
Ted Cruz’s mother was NOT in the military or working with the U.S. embassy.
I’ll check back after the first federal judge has enabled the federal lawsuit to go forward.
btt
And therefore its a mute issue. But if she were in the military or on diplomatic duty, then time previously spent outside of the United States, while in such service would fall under the time window.
You appear confused by the nature of the law. You are reading allowances as requirements.
When an employee has to report, by law, to Jury Duty or takes Maternity Leave. Then they are away from the company, but in most cases paid.
I was unable to find any relevance whatsoever in this statement to what we were discussing.
Pensions barely exist for new employees today. They began to cut it out in 1998. Oh and good grief 30 years at one job! Most Pensions start at 20 years. That's a long time at one place, and not be eligible.
Mimeograph machines also barely exist today, but how is that relevant? I worked for a company that offered pensions (I have one from them) and was eligible after 30 years. But whether 10 or 20 or 50, what's your point?
You gave me an analogy of a fake Corporation with a fake corporate book that requires all their employees (men and women to serve jury duty and take maternity leave even though men cannot get pregnant).
(A) Not a fake corporation, (B)never said employees were required to serve jury duty or take maternity leave), (C) I'll give you the last one, as I should have said Paternity leave for men (ever heard of it?) It's real.
Read what the law says, and not what you wish it would say.
I could not agree more!
nat·u·ralˈnaCH(ə)rəl/
adjective
1. existing in or caused by nature; not made or caused by humankind.
I don’t know why many of you find this to be so difficult a concept to understand.
No law is required. No statute is required. No rule is required. No regulation is required.
A child born of 2 citizen parents, in his country (or jurisdiction of his country) is a natural born citizen. It’s so obvious and simple to understand. Sheesh....
Trump’s state of mind has NOTHING to do with the fact that the GOP is placing two ineligible candidates on their ballots. Either you support the Constitution or you are a RED liberal.
You have to read the ENTIRE sentence.... and not part of it.
“Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)”
KEY WORD *WITH* That means IN ADDITION, INCLUDING it does not read “OR”.
Ted Cruz does not fall under this category because his mom was neither in the military or a diplomat.
You have zero understanding of the matter you are presenting.
Truly, you are seriously confused. Not only are you misstating the law, but you don’t even understand the Constitutional context.
Suggest you change your screen name to reduce irony.
You do know, don't you, that you purists consider Rubio even LESS of an NBC than Ted?
Hoo Boy. You anti-birthers are a hoot!
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.