First, let me say this so you know exactly where I stand:
Ted Cruz was born a U.S. citizen. He is a statutory citizen by birth. I believe he is eligible to the presidency.
I actually have read pretty much everything there is to read on the subject of natural-born citizens: every SCOTUS ruling, every piece of legislation passed or repealed, government policy manuals, and historical & political articles/commentaries/speeches/discussions, etc.
Most FR birthers are good conservatives with good intentions and most of them have read the same material that I have. I’ve been discussing Obama’s eligibility with them since 2008.
Here are some of the finer points of the eligibility dicussion.
- The Wonkg Kim Ark & Happersett SCOTUS rulings indicate that there is only one group of citizens who citizenship status cannot be questioned - those born on U.S. soil to citizen parents. About all other groups, arguments can be and have been made for or against their citizenship status.
- The State Department’s policy manual stipulates that a citzen at birth by statute is not necessarily equivalent to a natural born citizen under the meaning of the U.S. Constitution and eligible to the presidency. (Statutory citizenship granted at birth by Congress may or may not be the same as citizenship granted by the Constitution.)
- The State Department’s policy manual also stipulates that citizens at birth by statute are not considered naturalized because naturalization is a process that takes place after birth. They are citizens, nothing more, nothing less.
Until very recently, I have long been of the opinion that statutory citizens at birth are not natural-born citizens because their citizenship status is a Congressional generosity granted through legislation that can and has been revoked by legislation numerous times. Congress cannot revoke the citizenship of a constitutional, 14th Amendment citizen without that citizen’s consent per SCOTUS.
As you know, the Constitution does not define “natural-born citizen.” It does, however, grant Congress the power to establish a uniform rule of naturalization. In order to fulfil that power/duty, Congress must first determine who needs to be naturalized and who doesn’t. They look to the 14th Amendment for the most obvious answer. Then they must consider various other factors about one’s birth circumstances to decide if someone requires naturalization.
As it stands now, Congress has decided that those to whom they grant citizenship at birth by bloodline (jus sanguinis) do not require naturalization.
Therefore, Ted Cruz, who is a statutory citizen at & by birth, is IMHO eligible to the presidency according to the will of Congress. Unless and until SCOTUS decides to rule on whether or not statutory citizenship is equivalent to constitutional citizenship (not naturalized), that’s where we stand.
“I have long been of the opinion that statutory citizens at birth are not natural-born citizens “
I believe you are wrong about that. A US citizen in a foreign country not having immigrated has no right to declare their child to be a citizen of that country, ergo, the child is a citizen of the parent’s country. If the parents are citizens of two differing countries then the mother’s citizenship passes.
Read my comments in the top of this thread: A visiting woman crosses the border to shop, goes into labor, and the child looses their birth right and the other country must accept her child as theirs? No way. I don’t believe in anchor babies.
Congress codified the law as to who is naturally a citizen and who must naturalize in 8 USC 1401, as it codifies other rights. In no way are there “statutory citizens”. Either a person is naturally a US citizen or not.
There is no such thing as “natural law” when it comes to law. Natural law is gravity, not citizenships.