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To: Agamemnon

There are two levels of citizenship discussed in the Constitution. You must be a citizen to be in Congress or Senate. (meaning naturalized is ok)
And you must be natural born to be president or VP.

If you are endowed with citizenship simply by being born, like Cruz, you are a natural born citizen.

Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. 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.


27 posted on 11/17/2012 8:20:10 PM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: DesertRhino

Very interesting compilation of points. I would suppose that the written authority ‘... to create law regarding naturalization.’ might be taken/meant to be under your points cause of/for establishment of a person being a ‘natural born citizen’. However I don’t believe the personal conditions listed legally and explicitly close the Constitutional gap between plain/ordinary ‘citizen’ and ‘natural born citizen’ or have been given authentication by any legislation towards that objective.


29 posted on 11/17/2012 9:10:47 PM PST by noinfringers2
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To: DesertRhino

I was born in New Zealand and Im a naturalized American citizen...

I married an American citizen ...

My son was born 8 months BEFORE I became an American citizen...

Although his father was an American citizen he is not a native born American..

He cant be POTUS because his parents werent both citizens...

OTOH his younger sister can be POTUS because we both were American citizens when she was born...

She IS a native born American..

They both married Americans with American parents so of course their children can all be POTUS...

If anyone here thinks differently then Obama is OK...


39 posted on 11/18/2012 4:55:12 AM PST by Tennessee Nana
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To: DesertRhino

Oops correstion to that last post

My son is a native born American and not a natural born American

His younger sister IS a natural born American and she can be POTUS

well in 2 more years when shes 35...

:)


40 posted on 11/18/2012 5:07:41 AM PST by Tennessee Nana
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