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The case for getting rid of the requirement that the president must be a “natural born citizen”
The Washington Post ^ | 1/14/2016 | Ilya Somin

Posted on 01/17/2016 4:37:25 PM PST by BlackFemaleArmyColonel

In recent weeks, much time and effort has been devoted to debating whether Ted Cruz is a "natural born citizen" eligible for the presidency. Whichever way you come down on this question of constitutional interpretation, the real lesson of this debate should be the absurdity of excluding naturalized citizens from the presidency in the first place. Categorically excluding immigrants from the presidency is a form of arbitrary discrimination based on place of birth (or, in a few cases, parentage), which is ultimately little different from discrimination on the basis of race or ethnicity. Both ethnicity and place of birth are morally arbitrary characteristics which do not, in themselves, determine a person's competence or moral fitness for high political office.

The "natural born" citizen requirement was originally inserted into the Constitution because some of the Founders feared that European royalty or nobles might move to the United States, get elected to the presidency, and then use the office to advance the interests of their houses. Whatever the merits of this concern back in the 1780s, it is hardly a plausible scenario today.

One can argue that immigrants have less knowledge of the country and its customs, and might make worse presidents for that reason. But that problem is surely addressed by the constitutional requirement that a candidate for president must have been resident in the United States for at least fourteen years. As a practical matter, anyone who attains the political connections and public recognition needed to make a serious run for the presidency is likely to have at least as much knowledge of the US and American politics as most serious native-born candidates do.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Politics/Elections
KEYWORDS: canadian; ineligible; naturalborncitizen
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To: Mollypitcher1
You are dead wrong. The Framers knew EXACTLY what the term meant and it is exactly why they chose it. Deny all you wish, but before you do, dig a little deeper than disloyal people whose objective is to destroy the constitution as it was written.

The evidence shows that quite the opposite is true.

61 posted on 01/17/2016 4:58:30 PM PST by John Valentine (Deep in the Heart of Texas)
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To: John Valentine

So you have a Chinese and a North Korean who have a child on American soil and raise the child in their own cultures. he is an American Citizen by birth, but he does not have any assimilation or understanding of American Culture. Look what we have in the white house now.


62 posted on 01/17/2016 4:58:47 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Oceander

One who believes in the 200 year old constitution as written not as any current feel good grouo who happens to control a branch of the government for a couple of years might want to change in it.


63 posted on 01/17/2016 4:59:02 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: UCANSEE2

So Rubio is an anchor baby?


64 posted on 01/17/2016 4:59:31 PM PST by Paladin2
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To: RummyChick

I am naturalized Citizen. Elect me. I can say what so called Conservative want to hear.
I can definitively do better job.


65 posted on 01/17/2016 5:00:10 PM PST by jennychase
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To: Oceander

And (c) clearly defined.


66 posted on 01/17/2016 5:00:11 PM PST by Alberta's Child (My mama said: "To get things done, you'd better not mess with Major Tom.")
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To: Oceander

How about using the precedent . . . for president

You must be born in the U.S.A. (like Bruce Springsteen) or be from Kenya. No one else need apply.


67 posted on 01/17/2016 5:00:24 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: BlackFemaleArmyCaptain
Categorically excluding immigrants from the presidency is a form of arbitrary discrimination based on place of birth...

Disagree.

Arbitrary means: based on random choice or personal whim, rather than any reason or system. If it's based on something, then, by definition, it's not random and it's not arbitrary.

And, it's not based "on a place of birth", it's based on citizenship.

You are either a "natural" citizen, or you a "naturalized" citizen.

If you are not "naturalized", meaning, you were a non-citizen, but went through a process to become a citizen, then your are a "natural" citizen.

Because Cruz's mother was a citizen, he is a citizen by nature of his birth and he is a "natural" citizen.

68 posted on 01/17/2016 5:00:40 PM PST by Washi (All lives matter, or none do.)
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To: UCANSEE2
Somehow that seems counter-productive.

Beats me. I'll just say the insults with no repercussions was a factor in me no longer contributing to the site.

69 posted on 01/17/2016 5:01:02 PM PST by Wissa (Gone Galt)
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To: Alberta's Child

Agreed.


70 posted on 01/17/2016 5:01:16 PM PST by Oceander
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To: Souled_Out
Ted is a natural born Canadian.

Not according to Vattel, The Law of Nations.

"I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country."

71 posted on 01/17/2016 5:01:28 PM PST by John Valentine (Deep in the Heart of Texas)
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To: House Atreides

No. It actually means the opposite of “Foreign born” . Cruz better find out quick although I think lying to the FEC has him about finished.


72 posted on 01/17/2016 5:01:36 PM PST by WENDLE (Trump is not bought . He is no puppet.)
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To: BlackFemaleArmyCaptain

We’ve all suffered through seven or eight years of ignoring/ suppressing our American Constitution. Perhaps it would be nice if we tried to respect and support it for a change IMHO.


73 posted on 01/17/2016 5:02:07 PM PST by faithhopecharity (Diff tween D's and R's is that the thatD's allow the poor to be corrupt, too. (O. Levant)
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To: Cboldt

Baloney. Ted Cruz would support this amendment, and might even argue that naturalized citizens have MORE allegiance to the US. An neutralized citizen can’t be dual - a born one can. A naturalized citizen takes an oath.
......................................................
Ted Cruz’s father took an oath as a Naturalized citizen of Canada. We don’t know whether or not his mother did. Until 2005, Cruz Sr. remained a citizen of Canada even though he lived in the USA. Now you want to declare his son eligible to be president. I certainly do not!


74 posted on 01/17/2016 5:02:11 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: hoosiermama

That is why I believe the change should be made using the procedure written into the Constitution itself. Why is that so odious to you?


75 posted on 01/17/2016 5:02:11 PM PST by Oceander
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To: hoosiermama

No conservative can believe that the Constitution is a living document.

As for the NBC question, I have a brother in law who is a law school professor and he believes in the strict definition of natural born citizen, so strict that he claims one would have to have be born in the USA with two American parents to be a natural born citizen.

That would exclude both Obama and Cruz.

Maybe someone will finally get the question in front of a judge and we will get a definitive answer.

What do you believe?


76 posted on 01/17/2016 5:02:20 PM PST by Timpanagos1
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To: BlackFemaleArmyCaptain

Obama is exhibit A as to why the founders insisted on natural born citizen only for President.
Born here of citizen parents.
Cannot possibly be anything other than a US citizen.
No divided loyalties.


77 posted on 01/17/2016 5:02:21 PM PST by Lurkinanloomin (Know Islam, No Peace - No Islam, Know Peace)
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To: BlackFemaleArmyCaptain

If the post is against it we need to keep it.


78 posted on 01/17/2016 5:02:26 PM PST by ealgeone
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To: House Atreides

" The natural born citizen clause in the Constitution has inadvertently proven to be an effective Litmus test for determining who is a true conservative willing to protect and defend the Constitution versus those person who pretend to be conservatives while actually abrogating and subverting the Constitution to the detriment of the Republic."

House Atreides


Why not settle once and for all, in court?

79 posted on 01/17/2016 5:02:38 PM PST by Souled_Out (Our hope is in the power of God working through the hearts of people.)
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To: Souled_Out

Real conservative? What is that?


80 posted on 01/17/2016 5:02:55 PM PST by TornadoAlley3 (I like Trump and Cruz. Leave me the heck alone.)
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