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Andrew C. McCarthy: Cruz, Natural Born Citizen
National Review ^ | Andrew C. McCarthy | Andrew C. McCarthy

Posted on 01/07/2016 9:35:59 AM PST by Isara

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To: kabar

Birthright citizenship:

https://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States


41 posted on 01/07/2016 10:27:29 AM PST by randita
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To: Yashcheritsiy

That’s awesome


42 posted on 01/07/2016 10:27:40 AM PST by Reagan Disciple (Peace through Strength)
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To: AuntB
For sure. After 8 years of this with Obama.

Look on the upside of the downside ....and there's plenty of downside. Trump could turn out to be a 60's liberal Democrat indifferent to RKBA, immigration, territorial integrity, and fiscal sanity. He could turn out to be a stalking-horse for Hildebeast (remember that 45-minute private conversation with Slick Willie before he announced?) or a Rockefeller clone.

What we do get, which is the upside of some pretty good downside, is a free look at whether Obama's acts and E.O.'s can be invalidated due to NBC issues, once we break into his trove of protected identity and education documents. If Ted Cruz isn't NBC enough for SCOTUS, then chances are that Indonesian Passport Boy isn't either. Especially if his trendy Red mom never got around to trotting him down to the State Department office in Hawaii to reclaim his U.S. citizenship and turn in his Indonesian documents -- and we've heard he kept that passport. If he renaturalized, he couldn't have kept it -- capiche?

If we find out Obama's not NBC, his whole _residency becomes a peel-off sticker, his acts and legislation subject to legal attack as invalid, and the White House declared vacant for his entire eight years in orifice.

43 posted on 01/07/2016 10:28:22 AM PST by lentulusgracchus ("If America was a house , the Left would root for the termites." - Greg Gutierrez)
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To: Isara

I hope to God it’s not true when Dad Cruz said the two of them took the Canadian oath of citizenship. I cannot imagine that any candidate, especially one as smart as Cruz, would run with this hanging out there.

Because if it’s true, we have a real bag of snakes on our hands.


44 posted on 01/07/2016 10:30:38 AM PST by Dana1960
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To: Cboldt

Birth of U.S. Citizens Abroad

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.

According to U.S. law, a CRBA is proof of U.S. citizenship and may be used to obtain a U.S. passport and register for school, among other purposes.

The child’s parents may choose to apply for a U.S. passport for the child at the same time that they apply for a CRBA. Parents may also choose to apply only for a U.S. passport for the child. Like a CRBA, a full validity, unexpired U.S. passport is proof of U.S. citizenship.

Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States. By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.
Consular Report of Birth Abroad (CRBA, or Form FS-240)

If you are a U.S. citizen and have a child overseas, you should report his or her birth as soon as possible so that a Consular Report of Birth Abroad can be issued as an official record of the child’s claim to U.S. citizenship. Report the birth of your child abroad at the nearest U.S. embassy or consulate. Check the American Citizens Services portion of the webpage for the nearest Embassy or Consulate in the country where your child was born for further instructions about how to apply for a CRBA. Please note:

A Consular Report of Birth Abroad of a U.S. citizen is only issued to a child who acquired U.S. citizenship at birth and who is generally under the age of 18 at the time of the application.
The U.S. embassy or consulate will provide one original copy of an eligible child’s Consular Report of Birth Abroad of a U.S. Citizen.
A more secure Consular Report of Birth Abroad of a U.S. Citizen was introduced in January 2011. This new CRBA has been updated with a variety of state of the art security features, and is printed centrally in the United States. U.S. embassies and consulates no longer print CRBAs locally, but you still must apply there. The central production was initiated to ensure uniform quality and reduce vulnerability to fraud. The previous version of the CRBA continues to be valid proof of U.S. citizenship.
You may replace, amend or request multiple copies of a Consular Report of Birth Abroad of a U.S. Citizen at any time.
Persons who acquired U.S. citizenship or U.S. nationality at birth in one of the following current or former territories or outlying possessions of the United States during relevant time periods are not eligible for a Consular Report of Birth Abroad of a U.S. Citizen because such persons are not considered to have been born abroad. Individuals born in these locations during the relevant times may establish acquisition of U.S. citizenship or non-citizen nationality, based upon the applicable agreement or statute, by producing their birth certificate issued from the local Vital Records Office along with any other evidence required to establish acquisition:
Puerto Rico
U.S. Virgin Islands American Samoa
Guam
Swains Island
The Panama Canal Zone before October 1, 1979
The Commonwealth of the Northern Mariana Islands after January 8, 1978 (8PM EST)
The Philippines before July 4, 1946

Other Citizenship Documents Issued to U.S. Citizens Born Abroad

Certification of Report of Birth (DS-1350)

As of December 31, 2010, the Department of State no longer issues Certifications of Reports of Births (DS-1350). All previously issued DS-1350s are still valid for proof of identity, citizenship and other legal purposes.
Certificate of Citizenship issued by U.S. Citizenship and Immigration Services (USCIS)

A person born abroad who acquired U.S. citizenship at birth but who is over the age of 18 (and so not eligible for a CRBA) may wish to apply for a Certificate of Citizenship to document acquisition pursuant to 8 U.S.C. 1452. Visit USCIS.gov for further information.


45 posted on 01/07/2016 10:30:44 AM PST by kabar
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To: sten
last i checked, you cannot be a natural born citizen from more then one country.

Yes, you can if the country where you are born recognizes jus soli - (if you are born in that country, regardless of the nationalities of your parents). The U.S. recognizes natural born citizenship if you are born here (even if neither of your parents is a U.S. citizenship) AND if you are born in another country as long as one of your parents is a U.S. citizen (and has lived here for the requisite amount of time). Canada did as well in 1970, the year Cruz was born. I don't know if Canada still does.

46 posted on 01/07/2016 10:32:59 AM PST by randita
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To: Jim Noble

If they won’t take up the Obama records, they cannot take up the Cruz records.

Only the Electoral College and Congress (HOR) has standing. When they abdicated such in deference to the “popular election” results, it opened the field to ANYONE.


47 posted on 01/07/2016 10:33:32 AM PST by Cletus.D.Yokel (Catastophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: faithhopecharity

“Not the world’s strongest argument but at least it doesn’t misstate American history.”

1. Two wrongs do not make a right.

2. The Soviet Union had a constitution which guaranteed many noble rights, yet the totalitarian Communist government systematically destroyed those rights and tens of millions of Soviet lives while doing so. In each case, this totalitarianism was made possible by the direct abrogation of the written constitution/s and by the indirect subversion of those constitutions.

3. In case after case, each totalitarian government gained power and wielded power against the citizens by first subverting the rule of law and their constitutional governments.

4. If you want to preserve Freedom, you must first preserve the freedoms in law, and then act to preserve that rule of law responsible for preserving those freedoms. You cannot do that by embarking or tolerating infringements upon the rule of law or the infringement of Freedom in those laws.


48 posted on 01/07/2016 10:36:45 AM PST by WhiskeyX
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To: Cletus.D.Yokel

Yes.

https://www.numbersusa.com/content/learn/issues/birthright-citizenship/nations-granting-birthright-citizenship.html


49 posted on 01/07/2016 10:38:15 AM PST by randita
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To: kabar

FYI.

Canada and the U.S. need to get with the program.

https://www.numbersusa.com/content/learn/issues/birthright-citizenship/nations-granting-birthright-citizenship.html


50 posted on 01/07/2016 10:38:50 AM PST by randita
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To: kabar
None of that says "must register birth at the US Consulate to convey citizenship."
51 posted on 01/07/2016 10:39:09 AM PST by Cboldt
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To: AuntB

His mother told him she never applied for Canadian citizenship for him. Most countries don’t have birthright citizenship. In actuality, his Canadian citizen was nullified when he voted in his first U.S. election, but he still went through the formality of renouncing it.


52 posted on 01/07/2016 10:39:51 AM PST by conservativejoy (Pray Hard, Work Hard, Trust God ...We Can Elect Ted Cruz)
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To: Isara

Court opinions, congressional statutes, Harvard professors... The ONLY thing that matters is- what did natural born mean when the Constitution was adopted?


53 posted on 01/07/2016 10:41:11 AM PST by freedomjusticeruleoflaw (Western Civilization- whisper the words, and it will disappear. So let us talk now about rebirth.)
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To: randita

hate to be a “neener-neener” but your link isn’t directed to the Canadian regulations...just an online info-site.

I’m still skeptical..


54 posted on 01/07/2016 10:41:30 AM PST by Cletus.D.Yokel (Catastophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: WhiskeyX

Horse Crap. Cruz’s parents reported his birth to the American Consulate, which sealed his citizenship. Cruz was never naturalized.


55 posted on 01/07/2016 10:43:06 AM PST by conservativejoy (Pray Hard, Work Hard, Trust God ...We Can Elect Ted Cruz)
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To: Cletus.D.Yokel

actually, canada is one of the few countries with birth right/ born on the soil citizenship (unlike the US)


56 posted on 01/07/2016 10:44:05 AM PST by sten (fighting tyranny never goes out of style)
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To: Starstruck

The nature of the case is not pertinent. What is pertinent is the discussion about NBC. They specifically had an exchange about the requirements for Presidency.

Justice Scalia has indicated now in TWO separate instances that he leans toward a requirement of born on US soil.

That doesn’t mean that is how he would rule.


57 posted on 01/07/2016 10:44:47 AM PST by RummyChick
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To: sten

How so?
Enlighten me, please.


58 posted on 01/07/2016 10:46:29 AM PST by Cletus.D.Yokel (Catastophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: Artcore

Candidates choose which questions they will answer. They have a thousand ways of sidestepping or ignoring altogether a question. And trump is very good at this. trump knew what it was doing.


59 posted on 01/07/2016 10:46:50 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: randita

Before the Constitution, the closest reference we have to Natural Born Citizen is from the legal treatise “the Law of Nations,” written by Emerich de Vattel in 1758.

http://www.constitution.org/vattel/vattel.htm

In book one chapter 19 § 212. Of the citizens and natives:

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.”


60 posted on 01/07/2016 10:47:46 AM PST by sten (fighting tyranny never goes out of style)
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