Not so, Mama. Article 1, Section 8, the last paragraph says: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. "
To decide who needs to be naturalized, you need to know who doesn't. So, that was a "necessary and proper" law, as empowered by the US Constitution.
There are two kinds of citizens, those who are born citizens and those who need to be naturalized.
And the law of 1790 PROVES that Congress, the same guys who 3 years before wrote the Constitution, thought it was in their purview to determine who is automatically a citizen. It was signed by then president, George Washington.
Folks can belly-ache all they want, but Cruz will receive zero legal challenge to any decision to run, because no legal challenge is possible under our law. Under our law he is a born US citizen.
FOREGOING. Meaning powers already contained therein. It says NOTHING about expanding the authority granted. Make a Uniform Rule of Naturalization for the States to follow is ALL the authority they have.
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To decide who needs to be naturalized, you need to know who doesn't. So, that was a "necessary and proper" law, as empowered by the US Constitution.
No, they were to make a rule, not implement a rule or decide who did or did not fit that Rule....just MAKE the Rule.
Even the Founders didn't try that. They KNEW it was up to them to MAKE the Rule and up to the determination of the People as to whether or not to avail themselves of it. They called it their Right of Election.
2. Aliens by election are all such natural born, or naturalized subjects of the crown of Great-Britain, as were born, or naturalized before the fourth day of July, 1776, and have not since become actual citizens of the United States;
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Aliens by election may then be shortly described to be those subjects of the crown of Great-Britain on the fourth day of July, 1776, who have elected to remain such, and have not since become, and continued to be, citizens of the United States, or some one of them.
St. George Tucker, Blackstone's Commentaries
They did NOT run around like the big, blue genie from Aladdin pointing at people and going "POOF!" You're a citizen. Now "POOF!" You're a citizen.
What if that person did not WANT themselves (or their children) to be a citizen?
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There are two kinds of citizens, those who are born citizens and those who need to be naturalized.
Since I like to deal in in facts, I'll agree...provisionally.
There are 2 kinds of citizens, yes. Those made by the Laws of Nature (natural born) and those made by the laws of Man (naturalized)
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And the law of 1790 PROVES that Congress, the same guys who 3 years before wrote the Constitution, thought it was in their purview to determine who is automatically a citizen. It was signed by then president, George Washington.
AT THAT TIME, yes. Why? Because they had EARNED it.
IF the Founders had wanted that provision to continue to be operational, they would not have repealed it just 5 years later.
If you believe that to be the case, there should be a plethora of evidence to support your conclusion, so please provide it.
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Under our law he is a born US citizen.
Just not a natural born one.
No sane person can make sense to Mama; she lives in a world all her own. I am not a constitutional lawyer but I am a person who obeys the laws of this land and have taken an oath to support the Constitution – several times. I have absolutely no respect for the usurper occupying the Oval Office (rather, the one always on vacation or on the golf course). I call him a usurper not because of the NBC clause of the Constitution but because I don’t believe he was born in Hawaii and his mother wouldn’t have qualified giving birth to Obummer in Kenya due to her age. Obama’s actions since obtaining office have been treasonous to say the least.
To the point of this discussion: Your arguments are right on the money. It is well established and “settled” law that a natural born citizen is one who is physically born in the United States – even to alien parents as long as they are subject to one important restriction: the jurisdiction of the United States – which is what birthers fail to grasp. This reservation of jurisdiction is narrow, and has been generally found to exclude four classes: (a) Indians belonging to tribal nations; (b) persons born to foreign diplomats and heads of state having diplomatic immunity; (c) persons born on American territory to members of occupying forces; and (d) persons born on foreign public vessels within United States territorial waters.
Folks like TexasMama, DiogenesLamp, ASA Vet and many others insist that you must have two citizen parents in order to be NBC. This misconceived notion flies in the face of our Constitution and established precedent. Not that you need my acknowledgment but when you say there are two types of citizens you are absolutely correct – those born here and those who need to be naturalized; THAT’S IT! Of necessity, those born here MUST be NBC if the parents are subject to U.S. jurisdiction; in other words, can be locked up if they break the law.
Only an idiot would add a two-parent citizen requirement atop this. I think they get confused because if one is NOT born on U.S. soil, they do need at least one qualifying citizen parent to be deemed NBC.
Mama and her ilk are in the miniscule minority in this country and totally unsupported by our founding fathers and any legal precedent to this date; certainly the opposite is true! Claiming they are right and totally disrespecting opposing opinion doesn’t make them right – they just prove themselves to be uncivilized bullies. What they did to Jeff Wilson on this thread is disgusting. If this were RedState.Com – another true conservative website – their opinion regarding this matter would be forbidden because of the derisive nature of such opinion.
Staytrue also makes very good points by the way. I might also point out that naturalized citizens take an oath to support the Constitution, which NBC’s don’t have to do unless they serve this country in some capacity so I wonder if maybe we should have an amendment to completely rule out NBC requirement in its entirety and allow naturalized citizens the same rights as the rest of us.