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Hypothetical: A female US citizen is captured by ISIS and force-married to an ISIS soldier and bears a child. Is the child a natural born citizen of the U.S. under the Constitution, eligible for the Presidency?
1 posted on 01/09/2016 7:58:16 PM PST by Joachim
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To: Joachim

Excellent job taking apart this article.

My view is the MSM /Uniparty are taking the opportunity to use Cruz to redefine NBC as ‘U.S. citizen at birth.’

They are doing this because they know a President Trump is likely going to expose Obama’s foreign birth. They want to cover to say, “Didn’t matter. He was still born to a U.S. citizen even if overseas...”

They also want to set up a Hispanic candidate, then Arab for the future.


2 posted on 01/09/2016 8:06:31 PM PST by TigerClaws
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To: Joachim

Mrs. Cruz was kidnapped?


3 posted on 01/09/2016 8:06:46 PM PST by demshateGod (The fool hath said in his heart, There is no God)
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To: Joachim

Joachim, I applaud your efforts, but I don’t think anyone is going to answer this question. I’ve lost count of how many times it’s been asked & ignored or obfuscated.

What this highlights is Cruz’s supporters’ claim that he is a ‘constitutionalist conservative’. He’s definitely not in favor of the Constitution as it was originally enacted. BIIIIG red flag right there.


4 posted on 01/09/2016 8:07:37 PM PST by KGeorge (I will miss you forever, Miss Mu. 7/1/2006- 11/16/2015)
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To: Joachim

Did Cruz undergo a naturalization ceremony in order to become a citizen? No. Therefore he is a natural born citizen. The founders didn’t define “natural born citizen” because they wished to allow Congress to define what natural born meant by virtue of the laws it created.


5 posted on 01/09/2016 8:11:18 PM PST by Technical Editor
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To: Joachim

Text from the U.S. Naturalization Law of 1790:

SEC. 3. And be it further enacted, that the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization, and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States: Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen as foresaid, without the consent of the legislature of the state, in which such person was proscribed.


6 posted on 01/09/2016 8:11:43 PM PST by TigerClaws
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To: Joachim

Y’all are nuts. Period.


8 posted on 01/09/2016 8:24:09 PM PST by Timmy
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To: Joachim
Hypothetical: A female US citizen is captured by ISIS and force-married to an ISIS soldier and bears a child. Is the child a natural born citizen of the U.S. under the Constitution, eligible for the Presidency?

If the female met the requirements in the current statute (below), the child does indeed have birthright citizenship (which is the same as natural born).

"A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child's birth to transmit U.S. citizenship."

11 posted on 01/09/2016 8:28:35 PM PST by randita
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To: Joachim

Yes, why wouldn’t they be? There are tens of millions of disgusting, deplorable “natural born citizens” in this country right now who are eligible for the presidency. If such a person comes back here, waits 14 years, and turns 35, he or she is free to seek the presidency - just like every Klansman, neo-Nazi, and militant Black Panther who meets the same criteria. If we the people elect them, that’s on us.


12 posted on 01/09/2016 8:34:27 PM PST by HoosierDammit ("When that big rock n' roll clock strikes 12, I will be buried with my Tele on!" Bruce Springsteen)
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To: Joachim

Issues like this are decided in a courtroom not in an internet forum.


20 posted on 01/09/2016 8:50:36 PM PST by bigbob ("Victorious warriors win first and then go to war" Sun Tzu.)
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To: Joachim

I was reading an autobiography from one of the Tuskeegee Airman, 1st Lt. H. Jefferson who was a POW in one of the Luftwaffe Stalags. He was interrogated by a German Army Oberleutnant who spoke absolutely idiomatically perfect US English. He told Jefferson that the reason for his perfect English was that he had been born a German citizen and had emigrated to the US when he was 10 years old. His parents had naturalized, and he subsequently became a US citizen by virtue of his parent’s naturalization.

He was visiting Germany as a 21 year old and was trapped there by Hitlers declaration of war on the US on Dec 11, 1941. He was interned for several months as an enemy alien, and was later drafted into the German Army as a Volksdeutch citizen. He fought on the Russian front, was wounded, recuperated and was reassigned to the Italian front in early 1944, where he fought against the US and British forces. Wounded again he was assigned to duty as a POW interrogator, where he met Lt. Jefferson.

After the war, while being detained as a POW, charges against him of treason were weighed by the US attorney. After careful study, it was determined that Germany DID have a legal claim on his allegiance, and that he was a legit German soldier, especially since the man had never taken an oath of loyalty to the US as an adult.

This may be an unusual case, but it serves to illustrate the complications of divided allegiances that the framers sought to avoid with the office of POTUS, and by creating the natural born citizen requirement and having NO other legal allegiances.


24 posted on 01/09/2016 8:58:44 PM PST by DMZFrank
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To: Joachim

Brilliant article. Perfectly describes the crux of the matter. Congress is empowered to legislate "citizenship", but original intent dictates the definition of "natural born citizen" until such time as an Amendment is adopted to alter it. Congress can even legislate citizenship at birth. But where statute is required to guarantee citizenship, naturalization has occurred -- "naturalization by statute". A natural born citizen requires no such statute, because no grounds exist to question allegiance and jurisdiction.


55 posted on 01/09/2016 10:16:06 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Joachim

Thanks. And thanks to Farmer John.


80 posted on 01/10/2016 12:33:44 AM PST by Ray76
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To: Joachim
The True Law of Free Monarchies: Or The Reciprocal and Mutual Duty Betwixt a Free King and His Natural Subjects

By King James I of England - 1598

As there is not a thing so necessary to be known by the people of any land, next the knowledge of their God, as the right knowledge of their alleageance, according to the form of government established among them, especially in a Monarchy (which form of government, as resembling the Divinitie, approacheth nearest to perfection, as all the learned and wise men from the beginning have agreed upon; Unity being the perfection of all things,)…

First then, I will set down the true grounds, whereupon I am to build, out of the Scriptures, since Monarchy is the true pattern of Divinity, as I have already said: next, from the fundamental Laws of our own Kingdom, which nearest must concern us: thirdly, from the law of Nature, by divers similitudes drawn out of the same: and will conclude syne by answering the most waighty and appearing incommodities that can be objected.

By the Law of Nature the King becomes a naturall Father to all his Lieges at his Coronation...

As to the other branch of this mutual and reciprocal band, is the duty and alleageance that the Lieges owe to their King: the ground whereof, I take out of the words of Samuel, cited by Gods Spirit, when God had given him commandement to heare the peoples voice in choosing and annointing them a King. And because that place of Scripture being well understood, is so pertinent for our purpose, I have insert herein the very words of the Text...

...it is plain, and evident, that this speech of Samuel to the people, was to prepare their hearts before the hand to the due obedience of that King, which God was to give unto them; and therefore opened up unto them, what might be the intollerable qualities that might fall in some of their kings, thereby preparing them to patience, not to resist to Gods ordinance: but as he would have said; Since God hath granted your importunate suit in giving you a king, as yee have else committed an error in shaking off Gods yoke, and over-hastie seeking of a King; so beware yee fall not into the next, in casting off also rashly that yoke, which God at your earnest suite hath laid upon you, how hard that ever it seem to be: For as ye could not have obtained one without the permission and ordinance of God, so may ye no more, for he be once set over you, shake him off without the same warrant. And therefore in time arm your selves with patience and humility, since he that hath the only power to make him, hath the only power to unmake him; and ye only to obey, bearing with these straits that I now foreshew you, as with the finger of God, which lieth not in you to take off.

 
 

Speech of James I before Parliament, March 21, 1610

The state of monarchy is the supremest thing upon earth, for kings are not only God's lieutenants upon earth and sit upon God's throne, but even by God himself they are called gods.

The Declaration of Independance

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

...We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

 
 
England
  • The authority of the king is given by God and the duty of subjects is to obey the king.
  • You are to obey the king as you obey God since kings are not only God's lieutenants upon earth and sit upon God's throne, but God himself calls kings gods.
  • You do not have the power to unmake the king. Only God makes the king and only God can unmake the king.
  • Monarchy is a form of government resembling the Divinity

United States

  • All are created equal
  • All possess inalienable rights
  • Governments are instituted to secure these rights
  • Government derives its authority from the People
  • Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it

The foundational principles in England are completely alien to and incompatible with the foundational principles of the United States.

81 posted on 01/10/2016 12:36:12 AM PST by Ray76
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To: Joachim

Good post.


83 posted on 01/10/2016 5:20:20 AM PST by magglepuss (Don't tread on me)
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To: Joachim

Hypothetical: A female US citizen and male US citizen have a child in Kansas City, Mo. When the child is age 15, the family moves to Saudi Arabia for the father’s oil industry job and while there, the whole family is radicalized by Shiite’s and trained ala “Manchurian Candidate” (like the Hollywood movie - we’re asserting wild hypotheticals here) and returns for good in 30 years to run for office - first as a Governor, then President as a *wildly* popular candidate with the gift of gab. Is the child a natural born citizen of the U.S. under the Constitution, eligible for the Presidency?

Lee Harvey Oswald is NBC.
Charlie Manson is NBC.
Your ISIS Rape Child is NBC.
My radicalized candidate above is *definitely* NBC.
Good luck with any of them getting elected.

All sorts of folks are NBC. NBC is not some pure “Royal” lineage guaranteed to produce presidential material. Nor is it guaranteed to produce bonafide patriots with the country’s best interest at heart (Pelosi, Reid, Clinton, Sharpton, most all liberal-progressives, Trump just a few years ago).

So after that plodding article that makes unsupported rebuttals, here is what we *CAN* say with no parsing, reading-between-the-lines, or need for a psychic-reader: In the Naturalization Act of 1790, written by a congress that included 8 of the 11 framers of the Constitution a mere three years later, wrote that children born outside the nation to citizens were to be considered “Natural Born Citizens” and that is the *only* time the founding fathers saw fit to include those three words (verbatim) in the legislative record. MY point is that if Cruz’s circumstance of birth would have been good enough for the constitution’s framers in that congress, then who am I to argue with them?

And would a constitutionally focused, younger CITIZEN candidate like Cruz have been the “foreign born, usurping” candidate that the founders feared (bearing in mind they considered his birth NBC in their own words) or would they have been more comfortable with a screaming, populist rich man who (out-of-pocket) could buy the office by purchasing every “barrel of ink” in the country for barrage advertisements and making off-the-cuff populist promises with no firm underpinnings other than a “trust me”? Well, we can only guess. But as to their opinion on how they felt about Cruz’s circumstance of birth, we merely have to read their own words in the legislative record.

As to what law actually pertains - we have to look at what laws were in place on the date Cruz was born. Beyond that, if the founder’s opinion counts for anything, I’ll side with them, I will accept Cruz as a candidate and wish him well.

But good luck with your candidate!


87 posted on 01/10/2016 6:32:16 AM PST by jaydee770
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To: Joachim
I've been asking that very question for months? I never get an answer here is my latest version of that question.

Does anyone really believe the founders would consider an "anchor baby" with Chinese parents a natural born citizen that would be eligible to serve as POTUS? What about the children of all the trophy wives living in the middle east or Russia are those all natural born citizens and also eligible to serve as POTUS?

Some adult female gets infatuated with say an ISIS fighter and goes to Syria, gets knocked up and has a child. That child lives with his dad until he is an adult then the child comes to the USA and that child is a NBC and can run for president?

88 posted on 01/10/2016 6:37:01 AM PST by jpsb
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