Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: xzins; Lakeshark; C. Edmund Wright; P-Marlowe
Agreed on all points.

The significance of Congressional authority over citizenship granted at birth to those born abroad is, according to the Rogers v. Bellei SCOTUS decision, that such citizenship is not a constitutional right, can be denied or revoked, and can be subject to certain requirements.

The same does not apply to 14th Amendment citizens who are born in the United States. Such persons have a guaranteed constitutional right to their citizenship and no action by Congress (absent a Constitutional amendment) can deny such citizenship, revoke it without a citizen's consent, or attach requirements to retain such citizenship.

That is a significant legal difference between a natural-born citizen under the 14th and a statutory natural-born citizen (citizen at birth) under the INA, don't you think?

For the sake of argument, assume that a citizen at birth (under the INA) is POTUS and Congress then passes retroactive changes to the INA that make that person a naturalized citizen instead of a citizen at birth. A mere legislative change by Congress can make the POTUS suddenly ineligible to hold the office to which he was elected. (Admittedly far-fetched, but you get the point, right?)

388 posted on 08/20/2013 2:17:53 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 374 | View Replies ]


To: BuckeyeTexan; Lakeshark; P-Marlowe; Jeff Head
That is a significant legal difference between a natural-born citizen under the 14th and a statutory natural-born citizen (citizen at birth) under the INA, don't you think?

Nonetheless, a statutory natural born citizen, when the question of presidential qualifications is addressed, can check the box "yes, I am a natural born citizen."

So, to the question of Cruz's eligibility, the answer is: He is eligible.

Some compare that to the case of Obama, and that's ok. The rap on Obama, though not proven, is that he was born outside the USA before his Mom had fulfilled the 5 years after age 14 residency requirement.

There is absolutely no way to prove that about Obama that I can see.

390 posted on 08/20/2013 2:25:10 PM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
[ Post Reply | Private Reply | To 388 | View Replies ]

To: BuckeyeTexan

There have been no statutory natural-born citizens since the 1790 act, repealed 1795.


392 posted on 08/20/2013 2:28:31 PM PDT by Ray76 (Common sense immigration reform: Enforce Existing Law)
[ Post Reply | Private Reply | To 388 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson