[etcb]

I appreciate your reply. Obviously you have done considerable research on this subject. I confess I have not.

If I understand you correctly, while the plain language of the fourteenth amendment specifies “born in the United States”, legislation has defined that to include a child actually born in another country if that child’s parents were themselves citizens of the United States. I haven’t thought it through completely, but on a practical level, it makes sense.

Thanks again for the explanation.

[cynwoody]

If I understand you correctly, while the plain language of the fourteenth amendment specifies “born in the United States”, legislation has defined that to include a child actually born in another country if that child’s parents were themselves citizens of the United States. I haven’t thought it through completely, but on a practical level, it makes sense.

The Fourteenth only establishes that persons born in the US are birthright citizens, subject to narrow exceptions involving diplomatic immunity. It doesn't exclude from birthright citizenship persons born abroad.

Cruz and McCain are eligible, despite not having been born in the US, since they are citizens by birth as a result of their parent(s) citizenship.

The dividing line is between those who are entitled to citizenship at birth vs those who are not, but later acquired citizenship through naturalization, e.g., Kissinger, Schwarzenegger, Granholm.

Legislation can apply to those born abroad, but not to those born on US soil. The latter requires a constitutional amendment (anchors away, but that's another discussion).