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To: Cboldt

I choose to listen to legal experts who are trained and know this area of the law. They say Cruz is a nbc. Scouts has never heard a case on this from what I’ve read. You know that. Why would you ask for one?


69 posted on 01/24/2016 5:21:11 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
-- I choose to listen to legal experts who are trained and know this area of the law. --

Their answers are mixed. The ones who say Cruz is not naturalized cite no legal authority for that proposition.

-- Scouts has never heard a case on this from what I've read --

SCOTUS has heard many cases on the citizenship of a person born abroad to one citizen parent. I named one such case in a post to you. Rogers v. Bellei. Bellei was born in Italy on December 22, 1939. His mother was a US citizen who met US residency requirements recited in the relevant Act of Congress. Bellei was a US citizen at birth.

Bellei was not "born . . . in the United States," but he was, constitutionally speaking, "naturalized in the United States." Although those Americans who acquire their citizenship under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word "naturalize" in this way has a considerable constitutional history. Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, S: 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen.
Emphasis on the word "in" is mine, for the purpose of noting the argument between the majority and the dissent turns on the location, on the planet, where Bellei was naturalized. All 9 justices work from the premise that Bellei was naturalized. Indeed, had Bellei not been naturalized, his case would not even exist. He would not be a US citizen.
74 posted on 01/24/2016 5:39:48 AM PST by Cboldt
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