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
I’m voting for Ted. Trump in the generals. if i have to.
and I worked down the block from him. And he’s still my second choice.
no way a NYer would fall for an email from ANOTHER candidate saying so and so quit, vote for me.
I would delete it and never think about it again.
Cruz in the very worst case complies with two of those definitions. Your post is the opposite of true.
Read it again..The categories apply to “Citizens At Birth”..Not NBC. If It were true..the 1st category on the list, “Born Inside The United States” would include every child born in Laredo this morning, after mom swam the river last night, as being qualified to be President. Rubio is in that category..”citizen”.
http://www.breitbart.com/big-government/2016/01/08/ted-cruz-mother-birth-certificate/
this is Breitbart.com Ted Cruz’s mother was born in America. Citizen from birth ( meaning longer than 5 years)
no military or diplomatic service, but:
the operative words are INCLUDED IN THIS TIME, since she is native born it is a moot point.
With all the posters pointing to the article YOU posted to prove Cruz is indeed a Natural Born Citizen; don’t you feel stupid?
What you have proved here, Enlightened1, beyond a shadow of a doubt, is that Ted Cruz IS a natural born citizen. You’ve even quoted the law that explicitly says so. And rulings in a couple of states just in the past few days have confirmed his eligibility. Talk about a nothing-burger. . . .
Orly, is that you?
You're right. But then again neither is Cruz.
Trump in general, if I have to.
Have a great weekend.
There is a dogmatic and prevalent misconception that the issue is “citizenship” in Article II. The issue is not and never will be citizenship. That is only part of the requirement. No one argues that Cruz is not a citizen.
It is a certain type of citizenship required to head this great nation. . There is “Foreign born” citizenship and there is “Natural born” Citizenship meaning born in this country. This must be resolved by Cruz or it will be resolved by the Democrats, in COURT — I assure you. Trump is not the issue here. The issue is Cruz and where he was born.
If not, and we did in fact have citizens before 1868, then the enumeration of rights listed in the 14th must be treated the same as those in the Bill of Rights. In short, it is listing specifically what cannot be denied, but it is not exclusionary. If you insist that the wording of the 14th must be exclusionary (no rights not specifically listed are granted) then you must read all other amendments the same way, e.g. the Second Amendment says nothing about repeating rifles, so they aren't covered.
In fact, the source you list for your VANITY states that your are wrong:
"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)...Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President."
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.
I agree. Trump, with all his power and money can (and will) hire the best lawyers, private investigators money can buy... a whole team of them. If it could be proved, it would have already been proved.
Obama is not a natural born citizen. Those who raised this issue were dismissed as cranks and birthers. Donald Trump is not a hypocrite for raising this issue since he fought Obama over his shady past, but so many others are hypocrites about this — Ann Coulter among them.
I think this horse is tired of being beat.
•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.
Unfortunately there is no “fill in gaps” law needed here. Natural born citizen is an easily understood phrase. Whatever it meant when the Framers wrote the Constitution is how it should be applied today.. PERIOD.
Sigh. . . .Again (as in post 38): The parenthetical comment does not say that the citizen parent MUST have been in military or diplomatic service. It's simply saying that time spent overseas in military or diplomatic service would count toward the five years.
Reading Is Fundamental. Try it.
You wish. Unfortunately no is arguing whether or not Cruz is a citizen. The argument is- DID HIS CITIZENSHIP OCCUR NATURALLY, OR DID HIS CITIZENSHIP OCCUR BECAUSE OF A STATUTE PASSED BY CONGRESS?
You lose.
I think you meant to say he’s not eligible.
But’s he not qualified either. Never had a real job. Never employed people. Never balanced a budget. Never had to work with others to solve problems.
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He also newer bankrupted 4 companies, had a failed vodka brand, destroyed an entire professional football league, 3 failed maganizes, hired illegal aliens, or ran a strip club and cheated on 3 wives.
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