Posted on 03/26/2013 7:02:12 PM PDT by Cold Case Posse Supporter
42-year-old Cruz was born in Calgary, Alberta, to an American mother and a Cuban father. By dint of his mother’s citizenship, Cruz was an American citizen at birth. Whether he meets the Constitution’s requirement that the president of the United States be a “natural-born citizen,” a term the Framers didn’t define and for which the nation’s courts have yet to offer an interpretation, has become the subject of considerable speculation.
Snip~
Legal scholars are firm about Cruz’s eligibility. “Of course he’s eligible,” Harvard law professor Alan Dershowitz tells National Review Online. “He’s a natural-born, not a naturalized, citizen.” Eugene Volokh, a professor at the UCLA School of Law and longtime friend of Cruz, agrees, saying the senator was “a citizen at birth, and thus a natural-born citizen — as opposed to a naturalized citizen, which I understand to mean someone who becomes a citizen after birth.”
Federal law extends citizenship beyond those granted it by the 14th Amendment: It confers the privilege on all those born outside of the United States whose parents are both citizens, provided one of them has been “physically present” in the United States for any period of time, as well as all those born outside of the United States to at least one citizen parent who, after the age of 14, has resided in the United States for at least five years. Cruz’s mother, who was born and raised in Delaware, meets the latter requirement, so Cruz himself is undoubtedly an American citizen. No court has ruled what makes a “natural-born citizen,” but there appears to be a consensus that the term refers to those who gain American citizenship by birth rather than by naturalization
(Excerpt) Read more at nationalreview.com ...
My sons were born in the US to me and my wife who is a German national and permanent US resident. I find it hard to accept that neither of them is eligible to run for president. Both are over 35 and have never lived on foreign soil. Tell me it isn’t true.
I find it very odd and very unlikely to happen by chance. Someone is arranging the deck chairs.
Speak the Truth, Brother!
As pointed out, Cruz’s citizenship is defined by statute. The statute specifies “citizen”, not “natural born citizen”
NBC folk are just scab pickers.
They’d provide a better service supporting Cruz, etc.
It gives me the heebies jeebies and has for some time.
“My sons were born in the US to me and my wife who is a German national and permanent US resident.”
Did your wife ever become a naturalized U.S. Citizen, especially before your sons were born?
Did it ever occur to you that Alan Dershowitz (liberal; youngest full professor of law in Harvard's history) and Eugene Volokh (conservative who supported Fred Thompson; former clerk for Reagan-appointed Supreme Court Justice Sandra Day O'Connor) might know they're talking about, and you don't?
As I've pointed out many times, it's not really that complicated, and virtually everyone who has ever studied the issue, both conservative and liberal, comes real close to agreeing on all aspects of the meaning of "natural born citizen." No, it doesn't take two citizen parents for those born on US soil.
The only people in creation who don't agree are a bunch of quack law theorists, virtually none of whom have any legal training at all.
And yes, I know. There's one guy on the face of the earth, who can't even explain why he says it takes 2 citizen parents plus birth on US soil, but he does. And he taught Constitutional law somewhere. And his opinion trumps that of practically every other person who could be called a legal expert in the whole of US history, including folks who were EXTREMELY close to the Founders such as William Rawle and St. George Tucker.
Sorry, but's all BS. You are misrepresenting and twisting the Constitution and the law.
Speaking of which, I am currently compiling a list of fallacies used to support this BS claim, along with explanations of exactly WHY they are fallacies.
I am up to 39 of them so far.
I love Ted! He makes the lefties froth at the mouth and piss all over themselves!
One doesn’t have to study Constitutional law to understand how the Supreme Court unanimously defined the single Constitutional term of natural-born citizen: all children born in the country to parents who were its citizens. The only allowance they made is that the children born abroad of citizen parents are “considered as” natural-born citizens in the Naturalization Act of 1790, however this required the father to be a citizen first.
It is more complicated than your simple analysis because the courts have not ruled on whether or not those who obtain their citizenship at birth by federal statute - as opposed to the Constitution - are natural-born citizens under the meaning of the Constitution and therefore eligible to the presidency.
So states the Foreign Affairs manual of the U.S. Department of State.
NBC update
And interestingly, the Congress took the wording out of the 1795 edition of the act.
Very good. Thank you. It’s disturbing why so many people can’t see the plain words of the Constitution.
The “Framers” made it plain for a reason.
See http://publiushuldah.wordpress.com/ for much insight.
Perhaps a better question is to ask how the founders stumbled into redundancy? ... As if
Thanks for the link! Looks like a fascinating article. I only read the first several pp. I plan to read the entire piece when time permits. It’s just the kind of reading/subject matter I enjoy most.
Dershowitz is correct. "NBC" is directly tied and interchangeable with citizens at birth, always has been, even for Vattel. He also called NBC "natives."
NBC is also not immutable and definable by federal law. Always has been. In fact the very first Congress and President Washington did so to include those born overseas to citizen parents in 1798.
You remind me of the big, nasty, blue flies that hatch out in the early spring when the warm piles of manure sprinkle the greening fields. You buzz in at every chance to defend your illegitimate bastard boy pResident and pretend to be a conservative in the bargain! BTW, in Tennessee we call the blue flies ‘shitflies’, for obvious reasons, they carry shit with them on their feet wherever they settle from buzzing.
I thought we had settled this with Romney the First, George.
He was physically born in Mexico, of legal American parents. Still Supreme Court found him eligible to run for President, not that he got very far. Same question was raised about McCain, born in the Panama Canal zone, and that got shot down even more quickly.
I’m happy to have Cruz as one of my Senators, I’m not sure I’d support him for a Presidential race, but my opinion, that door should be open to him.
Remember, none of our first 13 Presidents would have qualified under a strict reading. George Washington was not “born” in the United States, it didn’t exist at the time of his birth.
I am done with the “birther issue”. You don’t like Obama, you should have worked harder to defeat him.
What will the libs and lefties be saying?
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