Posted on 01/11/2016 4:52:40 AM PST by Joachim
The question of who qualifies as a "natural born citizen" may be close in some cases, but the case of Ted Cruz is easy. Constitutionally speaking, Cruz is a naturalized citizen, not "natural born."
Regarding citizenship, the Constitution grants Congress power over a uniform rule of naturalization, not over citizenship generally. Any citizen whose citizenship is derived from an act of Congress is thus a naturalized citizen, constitutionally speaking, and thus not "natural born." The basic principle is stated in United States v. Wong Kim Ark, 169 U.S. 649, 702-3 (1898):
The Fourteenth Amendment of the Constitution . . . contemplates two sources of citizenship, and two only: birth and naturalization. . . . Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
(Emphasis added.) That this principle still holds was recognized in Rogers v. Bellei, 401 U.S. 815 (1971)— implicitly in the majority opinion of Blackmun, in which Chief Justice Burger, and Justices Harlan, Stewart, and White joined:
[O]ur law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute [and] the [Supreme] Court has specifically recognized the power of Congress not to grant a United States citizen the right to transmit citizenship by descent.
(pp. 828-30) and explicitly in the dissent of Brennan, joined by Douglas:
Concededly, petitioner [Bellei] was a citizen at birth, not by constitutional right, but only through operation of a federal statute. In the light of the complete lack of rational basis for distinguishing among citizens whose naturalization was carried out within the physical bounds of the United States, and those, like Bellei, who may be naturalized overseas . . . .
(p. 845, emphasis added) as well as in the dissent of Black, with Douglass and Marshall joining:
Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, § 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen.
(p. 840, Emphasis added).
The argument that Cruz is "natural born" because he was never naturalized is based on the false premise that Cruz was never naturalized. Cruz was naturalized (presumably at birth) by statute under Congress' power to make a uniform rule of naturalization. And since he (apparently) has no other claim to U.S. citizenship, he cannot be considered a "natural born" citizen.
It was repealed AND replaced.
As was the law that repealed and replaced it.
And so on and so forth until you get to the current law as expressed in Title 8 section 1401.
That's your response to a polite request.
You are impolite, a bully, a blowhard, unworthy of a modicom of respect, and incapable of conducting yourself in a decent manner.
Thanks for posting
Iâm a natural born citizen, having been born to US citizens in the state of MN. My daughter was born in Toronto Canada, and has a Canadian birth certificate, and is eligible for Canadian citizenship. My wife was not a US citizen at that time. When my wife became a naturalized US citizen in 1973, the INS issued her a Certificate of Naturalization, at the same time, my daughter was also given a Certificate of Naturalization (she was 4 at the time).
My bet is that when Cruzâ father became naturalized, they also issued Ted a Certificate of Naturalization.
So, Iâm not quite sure whether Cruz is eligible to run for president. He definitely needs to get this cleared up in a court.
Good Morning,
Your post is very revealing. May I ask if US citizenship was “instantly” bestowed upon your daughter at birth? In other words, was a US birth certificate issued through the Consulate at the time of her birth, or was it issued in conjunction with her Cert of Naturalization?
Thanks,
If Cruz is the nominee Trump and the Republicans will have been pushing this agenda for going on a year. If it didn't stop Cruz from getting the nomination then it won't help the Democrats in the general and they know it.
We're being pre-emptive with an issue they would bring up if he were to be the nominee.
Bull. Trump is raising this in an attempt to derail the campaign of his closest rival. It's not going to work.
Establishing whether or not Cruz is eligible NOW takes it off the table.
Cruz has released his mother's birth certificate. It is off the table, or should be.
Why would Cruz WANT the nomination if it isn't established 100% that he's eligible.
What would it take for you to consider it 100% settled? Cruz has produced his mother's birth certificate. There is the law that was in effect when he was born. All that adds up to him being a natural-born citizen. What more do you want?
Me? I don't think it's a real fine precedent to have a foreign born president.
We lived with them up until Martin van Buren and somehow the Republic survived.
Asked and answered. You seem to be a pretty smart person. Citizens are either naturalized, or natural born, right? The OP tells us which are naturalized. The rest are natural born. Documenting who is naturalized takes care of the issue. If you are citizen whose citizenship does not depend on a statute, then you are a natural born citizen. There is plenty of case law dealing with citizenship outside of statute, and in the US, that boils down to jus soli.
Then allow me to clarify.
There are no citizens without laws defining who are citizens. Congress has the EXCLUSIVE and ENUMERATED power to define citizenship. The 14th amendment acts as a limitation on that power and forces Congress to recognize certain individuals as citizens.
Blackstone's view doesn't help you either, as he passes citizenship via the father, if not requiring both parents to be citizens. However, it makes no difference, as the founding fathers specifically repudiated English law on this point. From the same link:
"The Naturalization Act of 1795, which was also signed by George Washington, recognized Blackstone's commentaries on English Common Law, making children born overseas in the lands under British rule, British Subjects. Even if their parents were American. This act removed the words natural born from children born overseas of American parents, so that no other potentate could lay claim to this person, and thus establish "a presence of influence" in the Executive Branch. It was the intent of our Founding Fathers to ânaturalize at birthâ these children, but not give them the status "natural born citizens." Also in this act of 1795, we see the importance of complete allegiance to the United States for all people naturalized, as this is the first appearance of the oath of allegiance "to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof such alien may at that time be a citizen or subject." This oath is still in effect today."
Cruz is a Natural Born Professional Politician.
Professional Politicians run this country on a 2 and 4 year lying cycle. Nothing changes. Time for a change. Iâm voting for Trump.
I canât wait for the Obama swearing out ceremony on Jan 20, 2017.
â@#!## You Barack Obama! Barak Obama you $%&*@! $%&@!## Off!â
;-)
So Mark Levin, who has been in the trenches fighting tooth and nail for Conservatism before many of us were out of diapers, and has been a long time vocal supporter of this board, is now a “schmuck” just because he refuses to embrace Trump and countenance the Cruz birther nonsense?
Nice.
Mark Levin is too busy selling books and vilifying callers to “fight tooth and nail” for anything but hearing his own high pitched voice on the airwaves.
He had a golden opportunity to take it to Buckwheat every day, but gave him a pass. Levin is no more a “Constitutional Scholar” than Cruz is....laughable.
Yes. I’ve seen a few. If you don’t think there are enough, why don’t you find them and post them. That is your choice.
No, all she has is her Canadian birth cert, and her Certificate of Naturalization. I’m guessing that a Consular Report of Citizen Born Abroad has to be initiated by the parents, and we didn’t know about that, and wasn’t told about that, so I’m guessing one wasn’t filed.
I’d like to see Cruz clear this up before the nominating process goes too far. I know that democrat representative in FL, Grayson, has already said he’d file a challenge if Cruz is nominated.
Hating Levin and Rush on Free Republic.
Normally accusations of “troll” would fly.
But a Hollywood hustler has made conservatism a dirty word and rock ribbed Reagan conservatives like Cruz illegal aliens.
We’re lost.
Not born in the US is not a slippery slope. It has already addressed - McCain.
A court cannot rule against Cruz using your definition requiring two citizen parents. Such an affirmative ruling would invalidate the entire presidency of the current occupant. That won’t happen.
Without the laws that define those who are citizens at birth, there would not be any naturally born citizens.
From the article, where it quotes the supreme court majority opinion in Rogers v. Bellei, the supreme court says:
[O]ur law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.
Is the 14th amendment such a law? It says those who are born in the US are citizens, and that those who are naturalized are citizens.
Of course, who is naturalized will be defined by law, and Congress has the constitutional power to make rules of naturalization.
You seem to be saying that if Congress doesn't pass a law that says persons born in the US are citizens, that the 14th amendment has no effect, and that persons born in the US aren't citizens of the US.
the 14th amendment controls the laws that Congress passes and places a limit on the congressional authority.
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