There’s no legal category of citizenship called “naturalized at birth but not natural born”. It doesn’t exist. Cruz is absolutely eligible.
Thereâs no legal category of citizenship called ânaturalized at birth but not natural bornâ.
Yes, there is. If you derive your citizenship by reference to a naturalization statute, then you are naturalized, not natural born. If you derive your citizenship by virtue not of a statute, but common law understandings of how citizenship is determined, then you are a natural born citizen.
For example, if someone is born in the U.S., what statute determines whether they are a citizen or not?
It does exist if you think about as a qualification for President and not a category of citizenship.
My theory is that the natural born clause in Article II is not intended as a definition of a type of citizen, as that would belong in Article I section 8. Instead, it is a only a qualification for the office, along with the age and residency qualification. This is a tighter requirement than simply citizen or naturalized citizen, just like citizen at least 35 years old is a tighter requiremeet than just citizen. So, natural born is an understood requirement for office, not a Constitutional definition of who is a citizen.
We don't argue whether "citizen over age 35" is a category of citizenship the way we argue over "citizen natural born."
What if Article II Section 1 were instead written
"No person except a Citizen of the United States shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not be natural born, have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."
Would this make a difference?
-PJ
Natural Born is clearly defined in The Law of Nations. There was no reason to define it.