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Natural Born Citizens and the Presidency: Is a citizen at birth considered natural born?
American Thinker ^ | 01/22/2016 | Mike Razar

Posted on 01/22/2016 7:58:09 AM PST by SeekAndFind

The recent controversy over the eligibility of Ted Cruz for the office of the Presidency is one of those conundrums embedded in the U.S. Constitution. That august document is full of ambiguous words and phrases that challenge even the strictest and most principled interpreters. The phrase "natural born citizen" could mean any number of things. For example, at the time of birth:

1. At least one parent is a U.S. citizen.

2. Both parents are U.S. citizens.

3. The birth occurs in a state of the United States.

4. The birth occurs in a state of the United States or in a territory thereof.

There is truly unanimous agreement that if both 2 and 3 are satisfied, there is no question that the child is a "natural born" citizen. In the early days of the Republic, the parental requirement was interpreted as patrimonial. Of course at that time, citizenship was restricted to "free white persons," but a combination of the Fourteenth Amendment and various statutes have eliminated the gender issue and nowadays. I have never heard anyone try to distinguish between 1 and 2, so let us stipulate that 1 and 3 together are enough. It is nearly universally accepted that 4 is as good as 3.

That leaves us with 1 and 4 together as being sufficient for "natural born" citizenship. Beyond that, if neither parent is a citizen nor does the birth occur inside American territory, nobody would suggest that the person is a "natural born" citizen. I apologize for the preceding rather pedantic discussion, but I want to have absolute clarity on the key question. That question is:

"Does either having one American parent or suitable geographic location by itself qualify?"

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: citizenship; constitution; naturalborn; naturalborncitizen; president
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1 posted on 01/22/2016 7:58:09 AM PST by SeekAndFind
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To: SeekAndFind

> “Does either having one American parent or suitable geographic location by itself qualify?”

No.


2 posted on 01/22/2016 8:00:50 AM PST by Ray76
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To: SeekAndFind

At least 3 weeks later, still being written about.


3 posted on 01/22/2016 8:01:06 AM PST by aMorePerfectUnion (As a representative of Earth, I officially welcome Global Warming to our planet)
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To: SeekAndFind

Not if the mom had a Caesarian.


4 posted on 01/22/2016 8:02:50 AM PST by Slyfox (Ted Cruz does not need the presidency - the presidency needs Ted Cruz)
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To: aMorePerfectUnion

RE: At least 3 weeks later, still being written about.

Yes because there has been no official resolution and there’s a pending lawsuit by Democrats.

SEE HERE:

http://www.washingtontimes.com/news/2015/nov/27/alan-grayson-ill-file-suit-if-canadian-ted-cruz-wi/


5 posted on 01/22/2016 8:03:11 AM PST by SeekAndFind
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To: Slyfox

Har har.


6 posted on 01/22/2016 8:03:19 AM PST by Ray76
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To: SeekAndFind

Amazing.. People actually think the Framers put in a meaningless clause.


7 posted on 01/22/2016 8:04:24 AM PST by freedomjusticeruleoflaw (Western Civilization- whisper the words, and it will disappear. So let us talk now about rebirth.)
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To: SeekAndFind
There is truly unanimous agreement that if both 2 and 3 are satisfied, there is no question that the child is a "natural born" citizen.

Then who was Cruz citing in the debate about Trump's mother disqualifying him under some interpretations?

8 posted on 01/22/2016 8:04:31 AM PST by MUDDOG
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To: SeekAndFind

It behooves Cruz to have a decision made. There are laws passed by congress on the issue. It’s the interpretation that seems to confuse the issue. This needs a legal challenge


9 posted on 01/22/2016 8:04:48 AM PST by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: SeekAndFind

The standard of NBC was redefined and lowered by Obamugabe.

Get over it and BTW, Angela Merkel for POTUS!


10 posted on 01/22/2016 8:04:54 AM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: SeekAndFind

The author left out #5 which was established by Congress in the very first Natualization Act of 1790:

5) Born to a US citizen parent beyond the shores of the US


11 posted on 01/22/2016 8:10:58 AM PST by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
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To: SeekAndFind

This article like so many others is fully of obvious wrongs. It is in fact doubted that only one U.S. citizen parent could be sufficient. The Framers were trying to prevent people with potentially divided loyalties from ascending to our version of the throne. Dual citizenship is the very definition of divided loyalties.


12 posted on 01/22/2016 8:11:50 AM PST by Behind the Blue Wall
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To: Ray76

legal definitions and legal terms dictionary

A naturalized citizen is a person who was born an alien, but has lawfully become a citizen of the United States under the U.S. Constitution and laws.

Cruz was born an alien but made a citizen through law (Congress).


13 posted on 01/22/2016 8:12:48 AM PST by Kenny (RED)
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To: SeekAndFind
The terminology is immaterial since modern interpretations have made them interchangeable.

Natural born is simplicity itself. It is an absolute and unquestionable citizenship simply because there are no others to choose from.

14 posted on 01/22/2016 8:13:15 AM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: Ray76

If you are speaking specifically wrt Ted Cruz points 1 and 2 are irrelevant because Calgary, Alberta, Canada is neither a US state or a territory of the United States.


15 posted on 01/22/2016 8:13:29 AM PST by KGeorge
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To: SeekAndFind

Well folks, I actually read the article, and it says that “natural born citizen” means what Congress says it means. If the Congress certifies the votes from the electors for Ted Cruz, then he is a “natural born citizen”. If they don’t certify, then he is not. Since everyone in Congress just LOVES Ted Cruz, there shouldn’t be any problem.


16 posted on 01/22/2016 8:13:44 AM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR!)
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To: SeekAndFind

Here’s an article that will reveal how the courts would view the issue if it ever reaches the courts. I doubt that the courts will ever touch the question for various reasons.

http://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/


17 posted on 01/22/2016 8:15:00 AM PST by centurion316
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To: SeekAndFind

I don’t think Cruz has any allegiance to Canada, but if he gets approval/clearance on NBC, that could open the door to someone who doesn’t have our best interests at heart. Like someone born in a muslim country to an American mother. We should be as cautious as we can be on the qualifications to run for president.


18 posted on 01/22/2016 8:15:39 AM PST by paintriot (Desperado...why don't you come to your senses.)
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To: taxcontrol
The author left out #5 which was established by Congress in the very first Naturalization Act of 1790:

Probably because it was repealed in 1795 by another naturalization act.

19 posted on 01/22/2016 8:17:41 AM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: SeekAndFind

There is more than one pending suit. There are probably 20.


20 posted on 01/22/2016 8:17:52 AM PST by Cboldt
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