I don’t think that the court has so ruled. The fact that Cruz was able through his mother to get a US passport is a fact against you. Furthermore, why would the court even bother with an issue where the only clear-cut decision would be like that of John P. Altgeld, who was born to German parents in Germany? IAC. I think you forget the essentially political purpose of the Constitution. It is an instrument of government, not a statute, and the use of the term “natural-born,” or “native”, which is the word that Justice Storey employed, aimed at a political purpose, which was to debar the election of a foreign prince as chief magistrate, so as to secure the presidency as a republican office. Everyone knows that when they devised the office, everyone had their eye on George Washington —the man who had repudiated any effort to make him a Caesar, a Cromwell, or a king. Europe was full of princelings who might have worn the American crown if it had been available and the best way to keep them where they were was to insist on the homegrown talent in the highest office.
They did unanimously in Minor v. Happersett, which itself was affirmed unanimously in Luria v. United States.
The fact that Cruz was able through his mother to get a US passport is a fact against you.
Not at all. It only provides evidence that they were able to satisfy statutory requirements to obtain a passport, which itself doesn't require natural-born citizenship nor does it pertain to natural citizenship status.
Furthermore, why would the court even bother with an issue where the only clear-cut decision would be like that of John P. Altgeld, who was born to German parents in Germany?
What?? Why do you think has any bearing on presidential eligibility??
I think you forget the essentially political purpose of the Constitution. It is an instrument of government, not a statute, and the use of the term “natural-born,” or “native”, which is the word that Justice Storey employed, aimed at a political purpose, which was to debar the election of a foreign prince as chief magistrate, so as to secure the presidency as a republican office.
The NBC term wasn't just to prevent the election of a foreign prince. John Jay suggested it as a way to minimize the possibility of any foreign infiltration into this office. Justice Story's use of this term is consistent with what I've said:
... under the circumstances of this case, she might well be deemed to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his natural character as a citizen of that country.