And there is a case that nearly exactly fits Cruz's condition. Child born abroad of one citizen parent, where the citizen parent met all the conditions prescribed in a Act of Congress, and the child was made a citizen, at birth, solely by the operation of an Act of Congress.
This (and the fact that Cruz is not NBC) is settled law, and those who stridently hold otherwise, who know the Bellei case, are guilty of misleading a gullible public.
I don't know if you are one of those people, but my spidey senses say you are.
What exactly do you think Bellei has to do with the Article II Sec. 1 issue? The correct answer is nothing.
It is a straight citizenship statutory decision and under the applicable statute, the plaintiff was held to have lost his citizenship under the language of the specific statute because he failed to meet the specific residency period test. Nothing to do with the Natural Born Citizen question; nothing to do with Article II, Sec. 1.
Not even language that might give you a suggestion as to how the Court would come down on the Constitutional question if it ever got there.
My two earlier posts are precisely correct--there is no Supreme Court authority that has anything to do with the question presented here.
My guess, and it is only a guess, is that if Cruz could get the issue to the Court before the decision would conclusively answer an election result is that the Court would be likely to hold him eligible. But that's only speculative guess.
I don't think at this stage he can effectively campaign for the nomination and at the same time organize and fund a Supreme Court appeal on the Natural Born Citizen issue.
I also think that if he gets to the Convention under circumstances where Trump is no longer a candidate, the party will deny him the nomination which I presume would effectively exclude him from the election process.
Allow me to make the connection, once again.
If Cruz is naturalized, he cannot be a natural born citizen. The two classes are mutually exclusive.
The Bellei case establishes that Cruz is naturalized. If Cruz is naturalized, he is not a natural born citizen.
-- My two earlier posts are precisely correct--there is no Supreme Court authority that has anything to do with the question presented here. --
There is no need to compose or answer the precisely correct question, in Cruz's case. He is disqualified because he is conclusively a naturalized citizen on admitted facts.
We don't even need go to court. The GOP can disqualify him of its own volition. If Cruz doesn't like it, he can sue.
Cruz is naturalized.
Are you claiming a naturalized person is a “natural born citizen”?