Bull. The first Congress was very clear that someone who was a citizen by means of birth was a natural-born citizen. Immigration and Nationality Act of 1790. That should put to rest any question of what “Natural-born” meant to our founding fathers.
Whether congress understood NBC according to the Law of Nations or English Common Law, in either case, Cruz wouldn't qualify. Under ECW, citizenship does not derive from the mother, but through the father. Under the law of nations, Cruz is disqualified because he was not born in the US to two citizen parents.
By the way, the 1790 act was amended and its "natural born" language specifically removed, probably due to Congress realizing that the British were using it to justify impressment. The founders did not want people upon whom dual claims of citizenship can be made.
Ha ha. How quaint using the law to figure out what the law says. Don’t you know that’s why we have leftist activists.
Do not be silly. That was rescinded before 1800.
“Bull. The first Congress was very clear that someone who was a citizen by means of birth was a natural-born citizen. Immigration and Nationality Act of 1790. That should put to rest any question of what “Natural-born†meant to our founding fathers.”
On the contrary, the naturalization Act of 1709 (not the “Nationality Act of 1790”) clearly says a person born abroad with U.S. citizen parents was not a natural born citizen.
It wasn’t up to the First Congress to determine who was or was not a natural born citizen. Their role was limited to the naturalization process.
“Bull. The first Congress was very clear that someone who was a citizen by means of birth was a natural-born citizen. Immigration and Nationality Act of 1790. That should put to rest any question of what “Natural-born†meant to our founding fathers.”
Bull yourself!
The SCOTUS has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereofâ€
The Venus, 12 U.S. 8 Cranch 253 253 (1814)
The natives or indigenes are those born in the country of parents who are citizens.
Minor v. Happersett , 88 U.S. 162 (1875)
At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens,
United States v. Wong Kim Ark, 169 U.S. 649 (1898)
(A)ll children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
That’s not ALL that the immigration law of 1790 says. It adds: “Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:”
At the time of his birth Cruz’s father was a citizen of Canada. So, his father had never had the intent of being an official resident of the USA. It’s obvious by his actions.