Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: The Looking Spoon
Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization.

Not entirely accurate. in the early years US citizen women could not bestow citizenship on children born abroad.

There have also been residency requirements for the US citizen to be able to bestow citizenship to their child at birth if born abroad.

It has been proven that Cruses mother had the appropriate residency requirement at the time of his birth to immediately bestow citizenship.

5 posted on 01/07/2016 11:50:47 AM PST by usurper (Liberals GET OFF MY LAWN)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: usurper

Had Cruz been born in 1933 under the identical birth circumstances that he was born into in 1970, than he would not even have been a US citizen. The Cable Act, passed in 1934, allowed a US citizen woman, married to a foreign national and who gives birth in a foreign country, to transmit US citizenship onto the newborn child for the first time.

Article II, Section I clause 5, was ratified in 1791 with the rest of the constitution, long before the Cable Act.. Article I has not been modified by any subsequent amendment. Accordingly, the original intent and meaning of Article II stands absent any such constitutional amendment.

The purpose of Article II, Section I clause 5 was to prevent undue foreign influence on the office of the presidency, PARTICULARLY thru a father owing allegiance to a foreign sovereignty. The framers took their definition for NBC from Emmerich De Vattel’s Law of Nations, the 212th paragraph of which was quoted in it’s entirety in the 1814 Venus Merchantman decision. The Law of Nations is referred to in Article I of the constitution. That definition referred to an NBC as being born of two citizen parents and born on the soil of the nation. That definition was cited in the 1868 case of Minor vs Hapersett, and Wong Kim Ark vs US. De Vattel has been cited and accepted in dozens of SCOTUS and federal lower court rulings. The framers were patriarchs who believed t5hat the citizenship of the children followed the citizenship of the father.

The authors of the 14th amendment, Senators Howard Jacob and Rep. Bingham also defined an NBC in similar terms.

Obama is the very embodiment and personification of the REASON that the framers put those protections into the constitution. By ignoring it, we have opened ourselves to the anti American and unconstitutional tyranny that Obama poses to our constitutional republic.

Ted Cruz is head and shoulders the best candidate in the race. He is a patriot who loves this country and it’s people. He is intellectually and philosophically superior to ANYONE else in the race. As much as I admire him, He CANNOT be considered a natural born citizen, as he is a citizen by statute. He was born with THREE countries (The US, Canada, and Cuba thru his father) having a legitimate claim on his allegiance from birth, whether he wanted it or not. I believe in the constitution and the rule of law, NOT in the cult of personality. We should not yield to the same dark impulses of expediency and delusion that gave us the tyrannical usurper demagogue Obama.


7 posted on 01/07/2016 12:01:08 PM PST by DMZFrank
[ Post Reply | Private Reply | To 5 | View Replies ]

To: usurper

It has been proven that Cruses mother had the appropriate residency requirement at the time of his birth to immediately bestow citizenship.
........................................................
Not arguing about “Citizenship” IF indeed, Cruz’s mother had not relinquished her American citizenship for Canadian citizenship when her husband was a Canadian citizen and they were living in Canada. Assuming she remained American then Cruz IS an American Citizen, however he is NOT a Natural Born Citizen according to Article II, Section 1, Clause 5 of the Constitution, ratified in 1791. ONLY Natural born Citizens (BOTH parents American at the time of his birth) can be president.
IOW Trees are plants, but not all plants are trees.


14 posted on 01/07/2016 12:12:08 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson