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Commentary on the Commentary "[o]n the Meaning of 'Natural Born Citizen'"
1/9/2016 | Farmer John

Posted on 01/09/2016 7:58:16 PM PST by Joachim

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To: WTFOVR

That’s a really important point.


41 posted on 01/09/2016 9:33:09 PM PST by EternalVigilance
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To: Technical Editor

Did Cruz undergo a naturalization ceremony in order to become a citizen? No. Therefore he is a natural born citizen.


Your logic tree indicates that each and every anchor baby born in Laredo is qualified to assume the office of the President or Vice President. Correct?

(In reality, true, they are born “citizens,”( Do not require Naturalization) But not “Natural Born” because their parents are not US citizens).


42 posted on 01/09/2016 9:37:59 PM PST by AFret.
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To: Yosemitest

What part of Naturalization do you not understand? The very fact that a person requires naturalization attest to the fact that that individual is not natural born. The two terms are not equal. In any case, a statute cannot change a constitutional requirement. Only the amendment process may perform such changes.


43 posted on 01/09/2016 9:38:39 PM PST by WTFOVR (I find myself exclaiming that expression quite often these days!)
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To: EternalVigilance
The controlling law governing him because of the circumstances of his birth was the Immigration and Naturalization Act of 1952, which contained retention requirements for those like Cruz.

The natural born Citizen clause in Article II can not be changed by a Naturalization Act.

44 posted on 01/09/2016 9:41:00 PM PST by Godebert
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To: Godebert

Yes. That’s my main point.

If his status was determined by statute, it wasn’t determined by nature.


45 posted on 01/09/2016 9:44:47 PM PST by EternalVigilance
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To: EternalVigilance

Good point.


46 posted on 01/09/2016 9:47:53 PM PST by Godebert
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To: AFret.

I finally found the retention requirements that governed Cruz’s situation because of the 1952 Immigration and Naturalization Act.

Basically, under the statute, someone like Cruz, having been born abroad to an alien parent and a citizen parent, would lose his citizenship unless he later, as a young adult, fulfilled certain U.S. residency requirements.


47 posted on 01/09/2016 9:48:14 PM PST by EternalVigilance
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To: AFret.

https://americansabroad.org/files/3013/3478/0295/18-04-2012_1318_971.pdf


48 posted on 01/09/2016 9:49:18 PM PST by EternalVigilance
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To: Duchess47; Godebert

DITTO!


49 posted on 01/09/2016 9:51:20 PM PST by WTFOVR (I find myself exclaiming that expression quite often these days!)
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To: EternalVigilance

Yeah, I know - but for the life of me I am unable to understand why so many FReepers and others do not see the logic of that argument. It just baffles me.

The sad thing in all of this is that I like senator Cruz, even while he is not my candidate of first choice. BUT, I desire that we uphold our Constitution over all else, because, failing that duty, nothing else will matter.


50 posted on 01/09/2016 9:58:26 PM PST by WTFOVR (I find myself exclaiming that expression quite often these days!)
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To: WTFOVR

Indeed.

You don’t even want to get me started on the other ways that the most important aspects of the oath to support and defend the Constitution are being completely ignored.


51 posted on 01/09/2016 10:04:24 PM PST by EternalVigilance
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To: AFret.

Actually, they are not legal citizens; because, in being the children of illegal aliens, the are not “subject to the jurisdiction of the United States” - which is what the 14th Amendment requires. Just as American Indians (non-taxpaying) living on Indian Reservations are considered sovereign citizens of THEIR tribe or “nation” ...

So too it cannot be legitimately stated that those children born on U.S. soil to illegal squatters / trespassers - who themselves are in fact neither citizens nor subject to the jurisdiction of the United States - are yet under the jurisdiction of the U.S.


52 posted on 01/09/2016 10:05:59 PM PST by WTFOVR (I find myself exclaiming that expression quite often these days!)
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To: EternalVigilance

Since Ted Cruz did not renounce his Canadian citizenship until 2014 - long after he assumed his position of an elected United States senator, is he in fact a Senator? If he was still a Canadian citizen at the time of his candidacy and election, was he not ineligible for the office?


53 posted on 01/09/2016 10:10:17 PM PST by WTFOVR (I find myself exclaiming that expression quite often these days!)
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To: WTFOVR

Well, he sure would have been qualified to run for Prime Minister of Canada until 2014.


54 posted on 01/09/2016 10:13:17 PM PST by EternalVigilance
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To: Joachim

Brilliant article. Perfectly describes the crux of the matter. Congress is empowered to legislate "citizenship", but original intent dictates the definition of "natural born citizen" until such time as an Amendment is adopted to alter it. Congress can even legislate citizenship at birth. But where statute is required to guarantee citizenship, naturalization has occurred -- "naturalization by statute". A natural born citizen requires no such statute, because no grounds exist to question allegiance and jurisdiction.


55 posted on 01/09/2016 10:16:06 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: EternalVigilance

I finally found the retention requirements that governed Cruz’s situation because of the 1952 Immigration and Naturalization Act.


Very interesting, and thank you..


56 posted on 01/09/2016 10:17:39 PM PST by AFret.
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To: WTFOVR

If Ted Cruz was a natural born citizen, he would have been a citizen regardless of what our immigration and naturalization statutes require.

He would have been a natural born citizen no matter when in American history he had been born.

Which quite obviously isn’t the case.


57 posted on 01/09/2016 10:18:35 PM PST by EternalVigilance
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To: EternalVigilance

This really is a disaster if in fact he took office illegitimately. IIRC there is a requirement that you be a citizen of the United States to hold the Office of U.S. Senator. Is this correct? If so, then how is it that a man who claims himself a constitutional scholar could make such an error? Not trying to be a smart@$$ but I really do not fathom WTH is going on here!


58 posted on 01/09/2016 10:18:50 PM PST by WTFOVR (I find myself exclaiming that expression quite often these days!)
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To: Godebert

From your lips to God’s ears. And let’s include Ms Nancy ‘Botox’ Pelosi who signed the paperwork that the creature was eligible.


59 posted on 01/09/2016 10:21:10 PM PST by V K Lee (u TRUMP TRUMP TRUMP to TRIUMPH Follow the lead MAKE AMERICA GREAT)
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To: WTFOVR

Actually, they are not legal citizens; because, in being the children of illegal aliens, the are not “subject to the jurisdiction of the United States” - which is what the 14th Amendment requires


I did not know that..thanks very much. I assumed, as do many, that the reason to have birth is to gain citizenship, regardless of parental lineage. Thanks again.


60 posted on 01/09/2016 10:21:51 PM PST by AFret.
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