Naturalization is whatever Congress says it is. It is not up to the courts, the Constitution specifically says that Congress shall have Power to establish an uniform Rule of Naturalization. No such authority is given concerning Natural born status. Congress cannot give natural born citizenship to someone or take it form someone, nor can they change the definition of “Natural Born Citizen” without an amendment. It is a condition by nature.
If congress says that a person born over seas with an American parent is a citizen, it is a form of naturalization. Congress has said that a child of foreign diplomats born on American soil is not a citizen. Thus, where a person is born is not a sufficient test to decide citizenship or natural born citizenship.
There are not many factors to consider. Birthplace, citizenship of the parents and residence in some cases. This does not produce many combinations and there is only one combination that Congress has not written a law to cover.
Born on American soil of citizen parents.
Why would Congress pass a non-binding resolution to allow McCain to run for President? Because a statute would have been subject to a court challenge. So far SCOTUS has gotten it right by staying out of it. Congress could clear this up pretty fast if they wanted to but it would be embarrassing.
That’s cool, and I appreciate the info. But, seems it is going to court, to be aired out if nothing else.
People are tired of going through this every time there is a questionable status of a candidate, and we want to understand it, with something to point to that’s not word of mouth, but can be found and held in your hand, in black and white. Like the pocket version of the Constitution. You know?
Ted has been an originalist, according to Alan Dershowitz. This CRBA is something no one has ever seen. Is it originalist? Or, is it precedent set by those from the camp that likes to evolve the Constitution.
That is my only interest, actually, to just get it resolved. We went through this with Obama, yes, but at least he came up with an Hawaiian birth certificate in b&w.
Friendly inquiry, here. Thx, Rita