“Another blow to the anti Cruz birthers.”
“Those judges are taking all of the fun out of posting here:)”
United State v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456, 42 L.Ed. “A person born out of the jurisdiction of the United States can only become a citizen by being naturalized....”
Any child who derives their US citizenship from a US citizen parent gains US citizenship through “derivative naturalization”. Ted Cruz is a naturalized citizen. Ted Cruz relies on 8USC1401(g) for US citizenship to run for US President, but 8USC1452(a) says that makes him a derived naturalized citizen, and thus he is Article 2 ineligible for the US Presidency. Arguments relying on statute lose, because only amendments change the US Constitution.
SCOTUS opinion in Rogers vs Bellei 1971 overruled District Court and will deny Cruz the Presidency, while Luria vs US 1913 will guarantee him all 14A rights, privileges and immunities, except serving in the Presidency.
Supreme Court in Elk said “ Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards except by being naturalized” So it is birth circumstances that SEAL your citizenship status.
Lets take a closer look at the Bellei case. The UNDISPUTED FACTS of the case. 1) Bellei’s Father was an alien, just like Cruz’s Father. 2) Bellei’s Mother was a U.S. citizen, just like Cruz’s Mother. 3) Bellei was a foreign-born citizen, just like Cruz was a foreign-born citizen.
So you read down through the case and you find these 2 statements in the ruling 1) “Bellei, as a NATURALIZED American, is entitled to all the rights and privileges of American citizenship” AND 2) “Concededly, petitioner (Bellei) was a citizen at birth, not by constitutional right, but only through operation of a federal statute” (NATURALIZATION)
>>> TED CRUZ IS A NATURALIZED CITIZEN AT BIRH and ineligible to be President. The minute they say Cruz is naturalized, they are saying he is ineligible.
And if that isn’t enough, there is this:
7 FAM 1111 INTRODUCTION
(CT:CON-538; 10-24-2014)
a. U.S. citizenship may be acquired either at birth or through naturalization subsequent to birth. U.S. laws governing the acquisition of citizenship at birth embody two legal principles:
(1) Jus soli (the law of the soil) - a rule of common law under which the place of a persons birth determines citizenship. In addition to common law, this principle is embodied in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and nationality statutes.
(2) Jus sanguinis (the law of the bloodline) - a concept of Roman or civil law under which a persons citizenship is determined by the citizenship of one or both parents. This rule, frequently called citizenship by descent or derivative citizenship, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As U.S. laws have changed, the requirements for conferring and retaining derivative citizenship have also changed. https://fam.state.gov/searchapps/viewer?format=html&query=7%20fam&links=7,FAM&url=/FAM/07FAM/07FAM1110.html#M1111
Wong Kim Ark was a child of Chinese Citizens and was born in the United States.