“Yet to the main point, the Constitutional requirement for assuming the Presidency is a specific form, or quality of born citizenship. Mere born citizenship is NOT the requirement, but rather Natural Born Citizenship is.”
Now that we’ve established that, if you agree with it or not, there have been changes to how citizenship has been awarded to people without Constitutional Amendments and that children born abroad that have at least one parent that is a qualified American citizen we move to the next point.
There are TWO legal definitions of an American. Not three.
One is where a person has been NATURALIZED. The other is NBC, where they were born as an American.
There is NO legal definition of a person that is born as an American but NOT NBC. I have seen many people on FR and other places with that OPINION but that is not the case as far as legal status is concerned.
Cruz was born in Canada with an American mother that was an NBC and met the criteria. As such he was born an NBC. Any additional legal status, such as dual citizenship, does not matter.
That’s the legal situation. NOW we can get to the crux of the matter: Are there enough registered voters that feel that situation is unacceptable in order to make Cruz unelectable assuming he gets on the ballot?
SCOTUS precedents say otherwise. The precedents track the 14th amendment, which has born in the US (and subject to the jurisdiction), and naturalized. Wong Kim Ark sets this out, and applies it for persons born in the US. Rogers v. Bellei refers to Wong Kim Ark, and applies the same principle and source of law (14th amendment) to a person born abroad, finding that person to be naturalized.
While the blockquote below is from the dissent, the dissenting point it asserts is that Bellei was naturalized IN the United states, not in Italy, where he was born. The assignment of "naturalized" to Bellei is not contentious, all 9 justices agree that Bellei was a naturalized citizen. The disagreement is whether he is naturalized and IN the 14th amendment (dissent point of view), or naturalized but bot a 14th amendment citizen.
Bellei was not 'born * * * in the United States,' but he was, constitutionally speaking, 'naturalized in the United States.' Although those Americans who acquire their citizenship under statutes conferring citizenship on the foreign born children of citizens are not popularly thought of as naturalized citizens, the use of the word 'naturalize' in this way has a considerable constitutional history. Congress is empowered by the Constitution to 'establish an uniform Rule of Naturalization,' Art. I, S: 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen. The first congressional exercise of this power, entitled 'An Act to establish an uniform Rule of Naturalization,' was passed in 1970 at the Second Session of the First Congress.Rogers v. Bellei, 401 U.S. 815 (1971)
Note too that SCOTUS views the [repealed] 1790 act as an act of naturalization, despite the fact that the 1790 Act says the children born abroad of citizens are to be considered as natural born citizens.
“One is where a person has been NATURALIZED. The other is NBC, where they were born as an American.”
This is where you missed the boat. As you state there are two (2) ways to obtain citizenship. Naturalized Citizenship and Born Citizenship. No one claims a 3rd as you assert.
Natural Born Citizenship is a specific form of Born Citizenship and the majority of citizens fall under this form (quality) of born citizenship, BUT not all do.
While Natural Born citizens are all Born Citizens not all Born Citizens are Natural Born Citizens.
Ponder those declared born citizens under the 14th Amendment. The Court in deciding the Wong Kim Arc case declared Wong a born citizen. They specifically said he was NOT a NBC, but had all the rights of one thereby avoiding creating the concept of a 2nd class citizenship.
You’ll note by Not calling Wong a NBC they, in effect, eliminated him from seeking the Presidency. Both Cruz and Rubio are similarly ineligible from becoming the POTUS because they lack the 3 elements of Born Citizenship.....Native birth, US citizen father, and Us citizen mother necessary to be a considered a Natural Born Citizen.
NBC has no cachet in US life except for Presidential eligibility. Both Rubio and Cruz lack this quality. No one seriously doubts their born citizenship (well there are some questions about Cruz, but none about Rubio) what is lacking about their citizenship is the quality of NBC (Nativity and/or linage.)
If you can’t, or won’t understand this simplest of explanations don’t bother to reply. I won’t reply any further to willful ignorance.