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

To: Nero Germanicus
Congress has passed laws defining the criteria for being a Citizen of The United States At Birth under the provisions of the Citizenship Clause of the Fourteenth Amendment.
[…]
Statute, by birth within U.S.
As of 2011, United States Federal law (8 U.S.C. § 1401) defines who is a United States citizen from birth.

Again you cite an act of congress, congress only has the power to define rules for naturalization.
The text of the Section 1 of the 14th Amendment reads as follows:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Therefore, no new powers are thereby delegated to the federal government and they are still only granted authority over establishing a rule of naturalization via congress.

Allow me to reiterate — if you cite any ordinary act of congress WRT the citizenship of Ted Cruz you are asserting that he is a naturalized citizen precisely because any act of congress covering citizenship must be that of naturalization.

135 posted on 03/12/2015 7:45:32 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 133 | View Replies ]


To: OneWingedShark

An Act Of Congress signed into law by a President or becoming law over a veto is deemed to be in accordance with the Constitution unless and until it is ruled unconstitutional.

For example, from a ruling on Barack Obama’s eligibility:
Swensson, Powell, Farrar and Welden v Obama, Administrative Law Judge Michael Mahili, State of Georgia Administrative Hearings: “For the purposes of this analysis, the Court considered that Barack Obama was born in the United States. Therefore, as discussed in Ankeny v Daniels, he became a citizen at birth and is a natural born citizen. Accordingly, President Barack Obama is eligible as a candidate for the presidential primary under O.C.G.A. under Section 21-2-5(b). February 3, 2012
That legal challenge went to the Georgia Supreme Court and the U.S. Supreme Court and both courts refused to review the lower court’s ruling.


144 posted on 03/12/2015 10:07:46 PM PDT by Nero Germanicus (PALIN/CRUZ: 2016)
[ Post Reply | Private Reply | To 135 | 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