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
The other candidates are making noises about Cruz not being NBC, but as far as I know, none of them are directly bringing this case. They are all too afraid and instead depending on third parties to make the case for them.
The "Cruz is Canadian" meme ain't goin' nowhere.
Typical anti-bither nonsense.
You post a headline DENYING that Cruz is eligible.
Then you post an article SUPPORTING the reasons Cruz is eligible.
(See tagline)
So why is your title precisely opposite to the conclusion in the body of your post?
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Yeppers. I picked up on that too.
Typical anti-birther. They don’t have a clue.
Read more carefully. She doesn't need to be. The law is saying that time spent abroad in the military or diplomatic service counts against the 5 years of residency.
In Cruz's case, his mother was born in the US and spent well over 5 years physically on US territory.
Especially for looking past the words of the Supreme Court on the subject!
Bellei, as a naturalized American, is entitled to all the rights and privileges of American citizenship
I read about this in the Wall Street Journal, and this is how the GOPe slips in Rubio via the delegates at the Republican convention. It’s a nightmare scenario.
Here is the article,
http://www.wsj.com/articles/contested-republican-convention-is-possible-1453828686
The convention doesn’t need a court order. The convention can find Cruz ineligible on its own volition. It is a plenary body, sole judge of the qualifications for its members and candidates.
See post 14. You’re not alone in looking at the obvious contradictions UN Enlightened1 is making.
Yes there is more than one way.
Although a Federal Judge that blocks Cruz will have tremendous justification vs. the Establishment just stealing the election.
a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided , That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and ... [going on to enumerate another category of parent]It's crystal clear from this that service abroad in the military or diplomatic service counts toward the 5 year residency requirement. That's all that language means. Period. Full stop.
It’s called a “Vanity” post. That means it’s my opinion, and nothing further.
How can you NOT know that. There are plenty of Vanity posts.
Good grief!
There’s only two categories, Citizen at Birth or Naturalized.
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Incorrect. There is a third class of citizenship that only applies to one person - and that is the President. Who has to be an NBC.
So what? All the people that believe Canadians are Americans are going to persist in that belief, no matter who tells them otherwise. Either the party will be seen as wrong, or the court will be seen as wrong. Neither one of them is any more "justified" than the other. The Supreme Court has already said that all persons born abroad (save for diplomats) become US citizens only by naturalization, and the "Canadians are Americans" people reject the Supreme Court's statements on the subject too!
>>> Ted Cruz’s mother was NOT in the military or working with the U.S. embassy. <<<
Really? That’s your entire issue on Cruz’s citizenship and there are idiots who actually agree with you on that single premise?
>>> 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) <<<
That statement means that military and diplomatic service are considered time spent in the U.S. — NOT that military and/or diplomatic service are somehow manditory while a citizen is out of the country in order for someone to retain their citizenship.
Is English your second language or are you a grade-school dropout?
Un-friggin-believable.
Kudos for an excellent attempt though.
Vanity or otherwise, you clearly contradicted yourself.
109 replies until one makes sense.
Under the strictest of interpretations - Ted is not an NBC.
Who cares? I'm voting for him anyway.
Ultimately the SCOTUS will decide. Or they won't.
Experts (like me) are forecasting NO RULINGS will be handed down - like with the 50 or so Obama suits - and Ted will win.
But all this arguing about past decisions and what the Framers meant is worthless.
That’s an interesting point about the Judges in Illinois.
They aren’t judges..they are State bureaucrats and probably don’t know the law any better than you do. That is why Raphael sent his team of weasel word lawyers, to make sure that the State only got their interpretation of the NBC requirement.
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