Natural Born Citizens and the Presidency: Is a citizen at birth considered natural born?

American Thinker ^ | 01/22/2016 | Mike Razar

[Hostage]

I don’t conflate them, only the federal government may do so under certain conditions.

It is true and it is in the INA code that a ‘citizen by birth’ can be a ‘citizen at birth’ if the parents meet certain conditions and satisfy specified criteria.

Ted Cruz is a citizen by birth who is also a citizen at birth because his mother satisfies the standard.

Government Policy Manual, Volume 12, Part H, Chapter 3, Section A and Section B(3):

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html

and codified from an Act of Congress in INA 301 and INA 309.

[Ray76]

What you propose is that one provision of the Constitution modify another provision.

Such a construction is impermissible.

[MamaTexan]

Do not conflate "citizen at birth" with "citizen by birth"

Yet they do so, over and over again

Just like they try to claim 'natural born' just because someone doesn't have to go through a *process* when they're automatically naturalized by statute.

[Jane Long]

Highly respected Constitutional law professor Mary Brigid McManamon has just stated, "Ted Cruz is not eligible to be President." Big problem— Donald J. Trump (@realDonaldTrump) January 22, 2016

[frog in a pot]

This needs a legal challenge.

Or perhaps better, a lecture by an American history professor who is able to ignore a politically motivated effort to misconstrue the Constitution.

The title of the lecture could be: What Language did the Founders use to Assure Uncompromised Loyalty of the Nation's New Commander-in-Chief?

I am reluctant to have what is upon careful consideration a non-issue, decided by a court of political appointees who are, for instance, one vote away from castrating our 2dA.

[alexander_busek]

Do not conflate "citizen at birth" with "citizen by birth"

Would you be so kind as to elucidate the difference for all of us knuckleheads?

Regards,

[MamaTexan]

A person who is a citizen at birth is NOT naturalized.

Yes, they are.

A citizen BY birth is natural born, and it doesn't take a statute to determine their citizenship status.

[Ray76]

The role of Congress is ministerial, they count electors’ votes. Only in a special circumstance may they exercise any other power (Amend. 12). In no circumstance do they possess authority to determine who is and who is not eligible for the Presidency.

Congress can not amend the Constitution by counting electors’ votes.

[EternalVigilance]

Article I Section 8 grants to Congress the authority over ALL rules of naturalization without limitation. That includes the rules for who is a citizen, who is not a citizen, and who is naturally born a citizen.

False. You can't amend the Constitution by mere statute. And neither constitutions nor statutes can modify nature. That is beyond human power and authority. Nature is what nature is.

[Ray76]

1) Separate Cruz from the discussion

2) Naturalization acts can, do, and have, conferred citizenship at birth.

[Ray76]

Naturalization acts can, do, and have, conferred citizenship at birth. (”at birth”)

A citizen by birth does not require a statute. (”by birth”)

[Manly Warrior]

2, 3 &4 plus outside of the US or its possession if on official duty as in state or mil.....

So many of our recent and current candidates fail here.

Why can’t we find a plain basis “born in the US of US parents” kinda guy or gal....

Gosh, there are only about 290 million of US to sort through.

[centurion316]

Barack Obama has no valid birth certificate, no US citizen passport, no college transcripts and no other valid identification.

I believe that this is correct as well as additionally evidence or missing of evidence that points to fraud and deception by Mr. Obama. He spent millions destroying evidence likely because he was convinced he could not be elected if the public discovered the truth.

However, it's a mistake to take this to an assertion that Obama was not born in Hawaii to a U.S. Citizen. Both of those facts are certainly true. All of the rest was covered up through extraordinarily effort.

[taxcontrol]

Sorry but you are incorrect.

No one is amending the constitution when it is the Constitution that grants the authority in the first place.

Neither “Natural law” or English common law or any dictionary is above the US Constitution.

[EternalVigilance]

"Blood is thicker than water."

When you have a child, and then a man, whose parent is the citizen of another country, you're always going to have a strong possibility of divided loyalties.

That's why it is imperative that we demand the strictest constitutional definition of natural born citizen status for any individual that is to hold the highest office in our land, an office which includes the command of our armed forces, which are still the most powerful in the world.

Two citizen parents, with their child being born on our soil.

If Obama should have taught us anything, it's this.

[SkyDancer]

Believe it or not there are some people who think being born cesarean is not natural birth ....

[EternalVigilance]

The Constitution never granted power over nature. It could not do so. And it never granted power to change the meaning of “natural born citizen.” All it granted power to Congress to do was to govern naturalization.

[EternalVigilance]

Neither “Natural law” or English common law or any dictionary is above the US Constitution.

To attempt to change the original meanings of words in order to fulfill your goal of amending the Constitution without benefit of the constitutional amendment process is both dishonest and dangerous.

[Ladysforest]

He was not citing anyone. He was trying to cloud the issue on purpose. A person need not be third generation American, they simply must be born to American CITIZEN parents. Cruz knows this. I am certain he also knew mother Trump had been naturalized years prior to Trumps birth. She was an American citizen.

[Ladysforest]

“Cruz was born an alien but made a citizen through law (Congress).”

Yes. The reason that the condition was addressed in the original Nat. Acts is because it was realized that the children born abroad to US citizen parents were indeed “aliens”, and our government sought a way to address that.