The first (where born) is combined with the other 3 to determine whether or not a child is a citizen at birth. There are laws written to govern every situation - except one. The only situation not covered by positive law is when a child is born in a country, and both parents are citizens of that country. Why? Because no law is required, the child is a citizen ânaturallyâ. 'Natural Born Citizen' simply means, a person born a Citizen according to the law of nature.
- Born in or out of a country.
- Both parents are citizens.
- One parent is a citizen.
- Neither parent is a citizen.
What is important about the 'law of nature'? There is a legal term Jura naturæ sunt immutabilia - and it means, "The laws of nature are unchangeable".
I think that is wonderful and if it works for you, use it. The important thing is that you have a standard that you can live with.
I like the citizen at birth standard. Anyone born as a citizen is a natural born citizen. It is an application of the natural law principle that dictates (in Spanish):
"No quiero cambiar las reglas que funcionan bien."
The English translation of this natural law principle is:
"I do not want to change the rules that work well ."
“The laws of nature are unchangeable”.
That may or may not be true, depending on the law of nature we are talking about but what IS changeable is man’s interpretation and understanding of the laws of nature.
At one time, it was widely believed that the law of nature dictated that the sun revolved around the earth. Man’s understanding of the law of nature regarding the workings of the solar system has changed.
At one time, the law of nature was interpreted to mean that the races of man differed inherently in intellect. Man’s understanding of that law of nature has changed.
Judging citizenship by parentage is a flawed system since in all the years of the American republic prior to the last quarter century, there was no way to definitively prove fatherhood.
An American woman could have been impregnated by a non-citizen male and no one would ever be the wiser.
The law says that any person born in the U.S. and subject to the jurisdiction of the U.S. is a citizen at birth. Wouldn't that include children born here of citizen parents?
This is of course the natural analysis. An apple tree cannot produce oranges. An apple tree can only produce apples. Even if an apple tree is planted in the middle of an orange grove, it can only produce apples and never oranges. Similarly, being an American citizen, the mother of Ted Cruz produced an American citizen. The fact that she was surrounded by Canadians at the time does not change anything. As an American citizen, she produced an American citizen at birth. Mr. Cruz is thus a natural born citizen.