Posted on 01/10/2016 7:36:03 AM PST by jimbo123
No, there is no magic supercitizen status. The Constitution mentions aliens, natural born citizens, and naturalized citizens. There is no other class.
If you gained citizenship by birth, you are natural born. Anything else is pure sophistry and chicanery.
If you gained citizenship bybirthstatute, you arenatural bornnaturalized. Anything else is pure sophistry and chicanery.
President Chester Arthur was born of a non naturalized father who was British and the scandal made a big noise in his campaigns->Chester Arthur was a British subject at the time of his birth.
Nor was Chester Arthur or is John McCain.
Cruz was born as a US citizen aka natural born citizen and did not require nationalization to become a citizen. It seems that would be sufficient but we shall see.
The precedent has already been set with President Barak Husein. That will become explicit some time after he leaves office or shortly after next January if he doesn’t. Henceforth, without a Constitutional Amendment addressing the particular question, anyone on earth is eligible to be President of the USA.
Being “considered as a natural born citizen” is the definition of not being a natural born citizen. If you are a natural born citizen, you are referred to as “a natural born citizen” and not “considered as a natural born citizen.” The phrase “considered as” is a legal term of art used to signify that something which is not of a certain quality will be accepted as if it is of that certain quality and subject to often stated derogations or limitations not required of the actual quality.
“Surely Ted Cruz, with his legitimate lineage can be considered for the presidency.”
Until a year and a half ago, he was a dual citizen.
If this were a Democrat, FR would be *exploding* right now.
You are correct, it is very serious.
Think about it. If you had asked Ted Cruz, up until he was about five years old, “What country are you from?”...
He would have said CANADA!!!... and he WOULD NOT HAVE HESITATED!!!
That fact, by itself, regardless of his Citizenship, rules him OUT to be president.
If Obama was born in Kenya and even if Ann would have been old enough to confer citizenship this site would be exploding that he wasn’t an NBC
This, again. This issue demands an answer by Congress/Supreme Court. This issue demanded an answer 8 years ago, and instead see what we ended up with. Get a ruling Cruz, and demand it now. And two illegals entering this country, having a child here, should not by this happenstance permit their child to run for President, anchor babies (Rubio) should not be permitted to run for President. Do the country a favor, make these rulings now and shut us all up!
I don't think that natural born matters for the parents. Once a citizen, their children become citizens of citizens, that is, natural born. A parent doesn't have to be natural born for the child to be natural born.
-PJ
“Amazing how now that it’s Cruz the right winger at issue, we get all of this dispassionate, well-researched journalism on the question of the natural born citizenship clause.”
Even more amazing if this plan was thought up by Cruz and Trump in that private meeting they had early on to force the Congress/Supreme Court to legislate an answer. And if it returns the ruling Cruz is ineligible, think of the impact of that on Obummer’s term...everything Obummer did would be overturned. I can dream, can’t I?
Not to mention that back then women didn’t really have rights. They were conferred through the man.
In this case, a Cuban born father than turned into a Canadian citizen.
I do not believe that the Founding Fathers would consider Ted an NBC.
So it gets down to whether it is a document that changes with the times.
Not only would this site be exploding, but people would be bringing lawsuit after lawsuit. Soldiers would be challenging their CIC’s qualifications. Private citizens would be suing election boards for not vetting.
This is ALL stuff that DID happen with BHO.
There is NO WAY that a dual citizen can be considered a NBC according to Cruz’s OWN originalist theory of the Constitution. No freaking way.
If we elect this man president, we’ll have the Birther crap all over again.
Correct, citizen parents can be naturalized. One possible complication could be the generational citizenship that some countries bestow or offer, though.
At least with Cruz, we know the facts about the conditions about his birth, and a decision should come quickly. With Obama, the facts are so dusted up we can’t help but think he’s a foreigner, even though we can’t actually prove it because of the fog of forgery.
Actually, under law, it means you are born a citizen without resort to statute. If your citizenship depends on a statute, then you aren't a natural born citizen, even though you can be a citizen at birth.
Bellei was not "born . . . in the United States," but he was, constitutionally speaking, "naturalized in the United States." Although those Americans who acquire their citizenship under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word "naturalize" in this way has a considerable constitutional history. Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, S: 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen.Rogers v. Bellei, 401 U.S. 815 (1971)
As a matter of "realpolitik," NBC means whatever enough and the correct people say or believe it means, which may or may not coincide with what the law would find. The law doesn't control the outcome.
The outcome is determined by consensus, which often derives from fatally flawed logic and analysis.
If enough people believe Cruz is a NBC, then he is, even if the (con law) truth of the matter is otherwise.
If he wins the election, he'll be seated. No court is going to stifle the political process, nor will a court step in before Congress has an opportunity to rule on NBC eligibility, nor would a court step in after Congress ruled on NBC eligibility.
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