Posted on 02/05/2016 11:33:35 AM PST by Enlightened1
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
•Anyone born inside the United States *
•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
http://www.usconstitution.net/consttop_citi.html
Is he not a Canadian?
Wrong. They just INTERPRETED the Constitution - with its vague and unclear NBC verbage as best they could.
Now its our turn to bring forth a candidate with questionable NBC concerns. There was not a court in this country that would even rule on Obama's eligibility. And there will not be one to rule against Ted either.
Is this circumventing the Constitution? By no means. The Judicial Branch interprets and enforces the laws.
If all it required was one U.S. Citizen period..., then why was the additional part about military service or being a U.S. diplomat? I
That’s the question that will be argued in federal court.
Based on your argument as long as 1 parent is a U.S. Citizen, then location has no barring provided they lived in the U.S. for 5 years and over 14 years old. I strongly disagree with that position.
Heh. Nice Spin.
You've gone from spouting nonsense as facts, laws, and legal opinions to just your opinion.
Having your arse handed to you after 130 plues replies kinda changes your perspective of things, huh?
The Illinois Election board had a reasonably well drafted complaint from one Lawrence J. Joyce, as well as Cruz's response. Cruz's response utterly failed to address the arguments made in the complaint. The election board decision is summary in nature, stating only a conclusion (a person who does not undertake a naturalization process is not naturalized), and not addressing the case law cited in the complaint, that holds to the contrary.
Nope that’s a condition, which Ted Cruz meets IMO being born a Citizen at Birth. Look you can argue this till the cows come home, but until it can be defined as to what the Framers meant by the term, the most likely outcome is the issue will be just be background noise much like Obama’s cases are.
Is he not a Canadian?
He is not.
Dream on....
It’s good you can count.
We decided that John McCain was eligible eight years ago - and I agree - eligible but a terrible choice.
Cruz and Rubio are interlopers and have no respect for the Constitution or the generations of real Americans who died to protect it..shameful.
As of 15 months ago.
Cruz could have ran for Prime Minister of Canada 15 months ago.
I totally agree with you. I actually think a Constitutional Amendment is necessary to - once and for all - clear up the vagaries of this class (or condition as you call it) known as a NBC.
Until then - its a open debate only solved by a (Supreme) Court decision.
I’m not attacking the message, because I don’t need to.
The messenger in this case is a poor vessel. Come back when you understand your own msg.
I could probably look up Canadian laws to disprove your point, but the larger issues have already been resolved.
You are speaking out of your (Obama).
There is nothing vague about natural born!!
Once a Canadian always a Canadian I guess. But no longer a Canadian citizen.
It means that military and diplomatic service counts towards the five years. It does not mean ONLY military and diplomatic service counts. You are misreading it, and in a very obtuse way.
That's right. It clearly means citizen by birth.
I'm just saying that declaring him not NBC is the equivalent of taking the red pill.
Our leaders refuse to take the red pill.
Maybe Cruz is not NBC. Maybe everyone in the Uniparty knows this, but somehow he gets elected. Maybe they hold that over him so he will do their bidding.
Nothing surprises me anymore.
The Illinois Election board had a reasonably well drafted complaint from one Lawrence J. Joyce, as well as Cruz’s response. Cruz’s response utterly failed to address the arguments made in the complaint.
That’s right..hence my “weasel word” moniker
SCOTUS can evade the issue forever if it wants.
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