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To: Behind the Blue Wall

There’s no legal category of citizenship called “naturalized at birth but not natural born”. It doesn’t exist. Cruz is absolutely eligible.


29 posted on 01/12/2016 10:21:20 AM PST by Campion (Halten Sie sich unbedingt an die Lehre!)
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To: Campion

There’s no legal category of citizenship called “naturalized at birth but not natural born”.

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?


70 posted on 01/12/2016 10:35:50 AM PST by Behind the Blue Wall
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To: Campion
There's no legal category of citizenship called "naturalized at birth but not natural born". It doesn't exist.

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

115 posted on 01/12/2016 10:52:02 AM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Campion

Natural Born is clearly defined in The Law of Nations. There was no reason to define it.


145 posted on 01/12/2016 11:01:01 AM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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