A Simple-Minded Reading of the Constitution on the Subject of Citizenship

vanity | 1/16/2016 | Self

[John Valentine]

I shall show that the Constitution contemplates two types of Citizen: those that acquire their citizenship at birth and those who acquire their Citizenship at a later time. The first are referred to in the Constitution as 'natural born' and the second is a class of citizen not specifically named but implied and are those we consider 'naturalized citizens.'

The word 'citizen' including derivative forms appears only eleven times in the Constitution. We shall look at each instance and derive what is possible from each usage and instance. By the end, I hope to have exhaustively shown that within the 'four corners' of the Constitution, two and only two types or classes of citizen are identified or implied: citizens by birth and citizens by naturalization. There is no third subset of citizen to be differentiated from among the two classes of citizen identified or implied in the Constitution.

 

Instance 1: Article I, Section 2, Clause 2

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

This clause establishes three requirements for eligibility to membership in the Untied States House of Representative. They are:

1.     Age of at least 25 years

2.     A citizen of the United States for at least 7 years

3.     An inhabitant of the state from which elected

Notice, please, that the citizenship requirement requires fewer years than does the age requirement. This fact requires acceptance of the notion that an individual can become a citizen at some time long after being born, and implies things about citizenship: first that individuals can be citizens, and second that there can be a time in the life of the individual before the individual became a citizen.

This is important: there is nothing in this clause that says or implies anything about citizenship by birth.

 

Instance 2: Article I, Section 2, Clause 3

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

This clause establishes three requirements for eligibility to membership in the Untied States Senate. They are:

1.     Age of at least 30 years

2.     A citizen of the United States for at least 9 years

3.     An inhabitant of the state from which elected

Notice, please, that the citizenship requirement again requires fewer years than does the age requirement. This fact requires acceptance of the notion that an individual can become a citizen at some time long after being born, and implies things about citizenship: first that individuals can be citizens, and second that there can be a time in the life of the individual before the individual became a citizen.

This is important: there is nothing in this clause that says or implies anything about citizenship by birth.

 

Instances 3 and 4: Article II, Section 1, Clause 5

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

This clause establishes three requirements for eligibility for service as President of the Untied States. They are:

1.     Age of at least 35 years

2.     A natural born citizen of the United States or a Citizen of the United States, at the time of the Adoption of this Constitution

3.     Resident within the United States for at least 14 years

Notice here that a different citizenship requirement is established: in fact, two alternative requirements. We need not concern ourselves with the second, which concerns the Framer's generation and has no application to anyone alive today.

As to the first we see that the citizenship requirement has no specific requirement for its duration. Instead, it refers to a citizenship deriving from the circumstances of birth.

This is a distinctly different citizenship requirement than those for the House of Representatives or Senate. The citizenship requirements for the House of Representatives and Senate could encompass the same class of citizen contemplated by the requirement for Presidential eligibility. We do know that historically individuals have served both in the Senate and as President so the requirements cannot be mutually exclusive.

Logically, we can conclude that the citizenship requirement for eligibility to the Presidency would also be sufficient to establish eligibility for the House of Representatives and Senate.

Thus far there are two classes of citizen established or implied by the language of the Constitution: (1) a class of citizen (natural born) which is derived by the circumstances of birth and which suffices to establish the citizenship component for eligibility for membership in the House of Representatives and Senate, and for service as President, and (2) another class of citizenship which does not depend on the circumstances of birth and can be acquired many years after the birth of an individual and which suffices to establish the citizenship component for eligibility for membership in the House of Representatives and Senate, but not for service as President.

For clarity, going forward I will refer to these two classes of citizen as follows:

As to the first class, these are 'natural born'

As to the second class, these are 'naturalized'

This is important: Thus far there is no third class of citizenship discussed, implied or established within the four corners of the Constitution.

 

Instances 5, 6, 7, 8 and 9: Article III, Section 2, Clause 5

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States,— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

This clause does not establish a further class of citizen. As for the first four instances mentioned in this clause, these by implication refer to the classes of citizen mentioned in Article 1, Section 2, Clause 2 and in Article 1, Section 2, Clause 3; that is, those mentioned above as natural born or naturalized. As for the fifth instance, this refers to a citizens of a foreign State and therefore not relevant to this discussion.

This is important: Nothing in this clause references or establishes a third class of citizenship.

 

 

Instances 10 and 11: Article IV, Section 2, Clause 1

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

This clause, too, does not establish a further class of citizen, and the two instances mentioned in this clause, by implication refer to the classes of citizen mentioned in Article 1, Section 2, Clause 2 and in Article 1, Section 2, Clause 3; that is those mentioned above as natural born or naturalized.

 

Thus we have exhausted every mention of the word citizen and all its derivative forms, plural, etc. that are found in the Constitution of the United States.

It is demonstrated that there are only two classes of citizen established within the Articles, Sections and Clauses of the Constitution.

These classes are:

1.     natural born

2.     naturalized

All citizens must belong to one of these classes. If a citizen is not naturalized only one other possibility has been identified: natural born. All citizens are either naturalized or natural born; there is not other possibility.

Obviously, this analysis will categorize any citizen acquiring citizenship by birth as natural born. Some argue that only SOME citizens acquiring citizenship by birth are to be classed as natural born. They claim that other citizens acquiring citizenship by the circumstances of their birth are a subset of naturalized citizen.

But, all such arguments must be based on suppositions, presumptions and hypotheses that are extraneous to the Constitution itself, for as I have exhaustively shown, the Constitution itself creates no such category of citizen.

I also submit that unless the Constitution is inherently impossible of interpretation or understanding based on its own terms, such extraneous references must not be permitted, or may sometimes be permitted with little weight as set against the Constitution’s own clear provisions.

I submit that all the fevered and tortured bending and twisting, and all the references to this and that while perhaps entertaining are essentially nothing more than a diversion.

The Constitution itself is clear. It establishes two classes of citizen; those that have become citizens through the process of naturalization, and those who are citizens by birth, that is the natural born citizens.

There is no third class of citizen.

[EternalVigilance]

I stand corrected.

Under the controlling statute under which Cruz was presumably granted citizenship, the 1952 Immigration and Naturalization Act, that citizenship was conditional.

The individual was required to fulfill certain requirements as a young adult, or lose their citizenship. Primarily residence requirements in the United States.

[WhiskeyX]

Naturalized citizens include those who are naturalized at birth by the authority of the statutory law found in the Immigration and Naturalization Acts. Senator Ted Cruz acquired U.S. citizenship by the authority of the Immigration and Naturalization Act o f1952, so he was naturalized at birth by that statutory law.

[Springfield Reformer]

An interesting analysis. Thanks for posting.

Peace,

SR

[Cboldt]

Summarize the case of Rogers v. Bellei, in particular noting the similarities and differences between the circumstances of birth of Mr. Bellei and Mr. Cruz; whether the Court considered Mr. Bellei to be a natural born citizen or naturalized; and for extra credit, distinguish the majority from the dissent.

[South Dakota]

Just soli.
Cruz was not born on US soil.
He is a citizen but no a NBC

[DB]

Almost:

http://immigration.findlaw.com/citizenship/can-your-u-s-citizenship-be-revoked-.html

[John Valentine]

An anchor baby is a natural born citizen.

Only because of the same confused, twisted, warped and bent thinking that insists that Ted Cruz is not.

[John Valentine]

Under international law, you become the citizen of the country you’re born in, period.

This is as untrue as untrue can be. There is NO 'international law' on the subject. Each and every nation decides for itself who it does and does not consder its citizens. And most do not recognize naked jus soli citizenship. Period.

[WhiskeyX]

“But, that’s not the statute we have, is it?”

Of course it is. As I have posed so many times previously, here are the relevant statutes and the U.S. State Department Manual explicitly stating it is so.

66 Stat. Public Law 414 - June 27, 1952

TITLE III - NATIONALITY AND NATURALIZATION

Chapter 1 - Nationality at Birth and by Collective Naturalization

NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . .
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at lest five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.

The equivalent present day statute is:

U.S. Code: Title 8 - ALIENS AND NATIONALITY. Chapter 12 - IMMIGRATION AND NATIONALITY. Subchapter III - NATIONALITY AND NATURALIZATION. Part I - Nationality at Birth and Collective Naturalization. § 1401 - Nationals and citizens of United States at birth: The following shall be nationals and citizens of the United States at birth: ... (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) “Automatic” acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.

[John Valentine]

Summarize the case of Rogers v. Bellei, in particular noting the similarities and differences between the circumstances of birth of Mr. Bellei and Mr. Cruz; whether the Court considered Mr. Bellei to be a natural born citizen or naturalized; and for extra credit, distinguish the majority from the dissent. Aren't you the individual who just yesterday told me that I had nothing to say to you? I think you were right.

[John Valentine]

Summarize the case of Rogers v. Bellei, in particular noting the similarities and differences between the circumstances of birth of Mr. Bellei and Mr. Cruz; whether the Court considered Mr. Bellei to be a natural born citizen or naturalized; and for extra credit, distinguish the majority from the dissent.

Aren't you the individual who just yesterday told me that I had nothing to say to you? I think you were right.

[EternalVigilance]

That doesn’t follow.

Anchor babies are being made citizens because of those who turned the Fourteenth Amendment’s requirements, and the intentions of the framers of the Amendment, on their head.

Considering Cruz NBC is the continued watering down of the strict requirement to be considered for the office of the Presidency of the United States.

So, you have things exactly backwards.

[AmericanVictory]

Well, St. George Tucker, who knew the Framers, served as an officer in the Revolution and then became arguably the foremost law professor and legal commentator of the time used the two terms interchangeably, in both uses excluding anyone outside the definition provided by Vattel as a definition that would exclude any possibility of any allegiance to any other country through having one or both parents citizens of another country at time of birth. The focus of all commentators was on there being no dual allegiance of any kind from such mixed parentage. This was also the view of Story in his study of the Constitution. Do you know of any authority that makes a distinction between the two phrases and, if so, what is the distinction?

[cymbeline]

You haven’t given us the definition of two terms:

1. citizenship by birth
2. circumstances of birth

It’s not obvious to me that the first term means literally born in America.

The 2nd term is not equivalent to the first and describes “birth”, not “citizenship”. What’s it’s pertinence to citizenship?

[AmericanVictory]

Where is there any commentary by a Framer, or anyone who knew them, that says that that is all they meant, as opposed, say, to Jay’s concern in his famous letter to Washington, about dual allegiance?

[lquist1]

“Just soli.
Cruz was not born on US soil.
He is a citizen but no a NBC”

Then neither was Barry Goldwater, George Romney and John McCain, yet they were all allowed to run for POTUS.

[monkeyshine]

Obviously this debate is reignited by the Cruz candidacy so here’s how I like to look at things when its not clear from plain reading (in this case I think it is clear and you explained it well). If one is to allege that Cruz is not natural born, than what is he? Naturalized? But in order to be naturalized, one has to take affirmative steps to accept it. For example if a Canadian came here, he would have to ask for citizenship or in the case of a child have his parents apply for him. He has to forswear allegiances to other countries and take a loyalty oath to America, and be sworn in by a US official. How can one be neither naturalized nor natural born? It’s impossible. It has to be one or the other. So in this case “Natural born” means acquired at birth. It doesn’t matter what soil the birth occurred upon, if he is born a citizen he is ‘naturally born’.

Of course this doesn’t mean other things can’t also be true. For example many countries including the US will consider someone born in their country a citizen too. The USSC has ruled on this issue, saying that citizenship is a matter for each country to decide on their own. There is nothing the US nor even the person himself can do about it if that country chooses to record you as a citizen. If your parents are/were both stationed in a foreign land in a military or diplomatic assignment and you happened to be born outside the US borders, that country could claim you even if you have no desire to accept citizenship. This is important because of the question of the opposite: if they did not claim you and the US law was that you would have to be naturalized, then you would live without citizenship to any country. Not really possible, except in theory.

So if Cruz did not have to apply for citizenship, did not have to take an oath, his parents were American and recorded his birth to appropriate US government agency as being born from a US citizen as an America (e.g. he is ‘naturally born’), then he is a natural born citizen no matter where the birth happened to take place.

[John Valentine]

Do you read your own posts?

Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . .

(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at lest five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.

and...

U.S. Code: Title 8 - ALIENS AND NATIONALITY. Chapter 12 - IMMIGRATION AND NATIONALITY. Subchapter III - NATIONALITY AND NATURALIZATION. Part I - Nationality at Birth and Collective Naturalization. § 1401 - Nationals and citizens of United States at birth: The following shall be nationals and citizens of the United States at birth: ... (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

and...

U.S. Department of State Foreign Affairs Manual Volume 7 Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) “Automatic” acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.

No person who acquires citizenship AT BIRTH is naturalized.

You may be hanging your hat on a very short peg with this reference:

For the purposes of this subchapter naturalization includes:... (5) “Automatic” acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.

Please note that what is describe here is a special circumstance whereby citizenship is conferred AFTER birth by naturalization to 'certain' children. This is not the usual rule or process.

[kjam22]

Ummm... Native born means born in the state or country or city. I'm a native born Okie. I'm a native born Oklahoma City resident. I'm a native born American. But that doesn't make me a citizen. I'm also natural born Citizen because my parents were US citizens.

Native born means born on the soil. Anchor babies are native born, but that doesn't mean they are natural born Citizens..... Or do you think it does?

Citizenship is passed from parent to child. Or citizenship is acquired by being naturalized. I don't believe citizenship happens just because someone is born in this country regardless of who the parents are.

There are two variations of the word. Natural or Naturalized. Native isn't the same thing as either.

[John Valentine]

It follows precisely because of the elevation of jus soli citizenship that was never intended by the framers. this is exactly the wrong-headed thinking that attempts to deny Ted Cruz his jus sanguinis citizenship by birth because he was born in Canada.

Your insistence on having it both ways is exactly the thinking that has given us anchor babies and it way past time you admitted it.