Sorry you don’t have facts straight.
Three types of citizenship are recognized by our government: native born (jus solis); naturalized; and citizen-by-statute (jus sanguinas, or derived citizenship from parents).
All have equal rights. All can serve in Congress, either as a Representative in the House, or as a Senator in the Senate.
[Note: since BHO2 was inaugurated in January 2009, this section on citizenship statutes in the Naturalization and Immigration online site have been frequently altered. This presentation refers to what the statute stated in 2009.]
The following link will take you to the government’s own Immigration Service web page.
Natural born Citizen is NOT a type of statutory citizenship. Natural born is ONLY an eligibility requirement for the U.S. Presidency per Article II, Section 1, clause 5, of the U.S. Constitution, and requires, as per the Founders, the President to be born in the United States (jus solis) AND of two citizen parents (jus sanguinas).
The definition of natural born Citizen appears in the holding of SCOTUS’s unanimous decision of Minor v. Happersett (1874).
Minor v. Happersett, 88 U.S. 162 (1875), is a United States Supreme Court case in which the Court held that the Constitution did not grant women the right to vote...
The Minor v. Happersett ruling was based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Supreme Court readily accepted that Minor was a citizen of the United States, but it held that the constitutionally protected privileges of citizenship did not include the right to vote.
SCOTUS rejected Minor’s argument that she was a citizen under the 14th Amendment of the U.S.Constitution, and examined her eligibility, concluding that she belonged to the class of citizens who, being born in the U.S. of citizen parents, was a natural born Citizen, and not covered by the 14th Amendment. This holding has been used in 25 consequent SCOTUS decisions since 1875.
No one has the RIGHT to be President.
The eligibility requirement of Natural Born Citizenship (jus solis + jus sanguinas: born in the U.S. of U.S. citizen parents) must be viewed as a means to prevent split allegiance for any President of the United States.
The following is often used to support people, like Marco Rubio and Ted Cruz, who seek to be President but it was superceded centuries ago and is a false argument.
“The First U.S. Congress included in the 1790 Immigration & Naturalization Act language to alert the State Department to the fact that Americans born abroad are “natural born” citizens” and are not to be viewed as foreigners due to foreign birth. They were not granted citizenship via that US statute rather citizenship was stated as a fact that must be recognized by immigration authorities. These children were not citizens by any other means than natural law, according to Congress, and statutory law was written to insure that their natural citizenship was recognized.”
This is not a reasonable explanation. It fails to recognize that Congress only has powers over naturalization and has NO POWER to define “natural born Citizen”, which has nothing to do with naturalization. Furthermore, if Congress wants to tell the State Department something, they don’t have to enact legislation to do it.
But more important is that all of the following naturalization acts, 1795, 1802, etc., were also passed to naturalize the children of U.S. citizens born abroad. And the words “natural born” were repealed in the 1795 Naturalization Act and never returned again.
“...Congress has no power to define “natural born Citizen”...”. This is important because that is exactly what happened in 2008 when Congress declared Sen.John McCain eligible to be President. He is not and never has been eligible due to his birth in an unincorporated territory, the Panama Canal Zone, where the Constitution did not follow the flag. Sen.McCain’s citizenship is jus sanguinas due to his parent’s U.S. citizenship status.
Note: BHO2 has NEVER claimed to be a natural born citizen but only a native born citizen.
“This is important because that is exactly what happened in 2008 when Congress declared Sen.John McCain eligible to be President. He is not and never has been eligible due to his birth in an unincorporated territory, the Panama Canal Zone, where the Constitution did not follow the flag. Sen.McCain’s citizenship is jus sanguinas due to his parent’s U.S. citizenship status.”
*sigh*
This is false. Canal zone was equally American territory as is Guam and the rest of the overseas American territories (or Puerto Rico). No distinction is made between territories under the direct control of the federal government, and the overseas territories for this purposes.
Please see Barry Goldwater. He was born in Arizona Territory prior to the formation of the state. This is why the definition of American soil includes unincorporated territory.
That's right. Only the electors who select our presidents can apply the NBC standard and resolve the relevant factual issues.
At least, that's what the Constitution says and that's what we've always done in the past, every time. ;-)
Ted Cruz - 2016