Will wonders never cease! Mr. Rogers posted something contrary to his own opinion!
No, I have not contradicted myself.
“Everything not forbidden is compulsory?”
Nope. The Constitution does not forbid a dual citizen from being President, but neither does it compel it.
“This violates the premise for which article II was created; To prevent foreign influence.”
The NBC clause was not meant to prevent someone from foreign experience. After all, only 14 years of residency is required of a President. And NBC was a legal term, that allowed for alien parents - so it allowed someone to have Swiss parents, be born in the US, and thus both an NBC and swiss citizen. That was all known by the Founders, and accepted by them.
Remember, the first case trying to define NBC came in 1844, and it emphatically declared a woman who was born in the US and lived her for a whopping 3 months to be a NBC. That decision was never challenged or overturned, and was cited approvingly by the US Supreme Court, among others.
“Cruz owes his citizenship to the act of Congress in 1934. Not natural law.”
Congress has the right to define the parameters of a NBC. It is NOT only the courts that can do so. And it is arguable that they did so by saying someone born of a single US parent overseas qualified. If you are a naturalized citizen, as two of my kids are, then you have naturalization papers declaring you became a citizen on such and such a date. If you are a citizen, and were not naturalized, then you are a citizen born - which is traditionally how NBC has been defined.
Remember, Minor and Elk agreed - there are only 2 ways to become a citizen, birth or naturalization. And the second comes AFTER birth, and requires papers.
Someone arguing original intent could argue that a female parent was not part of the original definition of NBS/NBC, and thus a US FATHER was required, or perhaps BOTH parents. That area of law was never definitively settled - thus a ‘grey area’. But I’d bet $500 to FreeRepublic that if it ever goes to court, they will decide he was born a citizen, and thus meets the requirement for NBC. Wanna take that bet?