Complete horsecrap. Ted Cruz has been a US Citizen since the moment he first drew breath.
No argument, a naturalized citizen.
Why?
Why?
Because both the citizen parent and the foreign-born child complied with the terms of a naturalization statute.
Exactly-
Concerning the contention made in earlier cases that everyone who is made a citizen only by
federal statute is a “naturalized†citizen (even those who are made citizens at birth by statute), it
may be noted that the common understanding and usage of the terms “naturalized†and
“naturalization,†as well as the precise legal meaning under current federal law, now indicate that
someone who is a citizen “at birth†is not considered to have been “naturalized.â€164 Justice
Breyer, for example, dissenting on other grounds in Miller v. Albright, explained that “this kind of
citizenship,†that is, under “statutes that confer citizenship ‘at birth,’†was not intended to
“involve[ ] ‘naturalization,’†citing current federal law at 8 U.S.C. Section 1101(a)(23).165 The
Supreme Court recently recognized in Tuan Anh Nguyen v. INS, that federal law now specifically
defines “naturalization†as the “conferring of nationality of a state upon a person after birth,â€166
and thus it could be argued that by current definition and understanding in federal law and
jurisprudence, one who is entitled to U.S. citizenship automatically “at birth†or “by birth†could
not be considered to be “naturalized.â€
............................................
The United States Court of Appeals for the Ninth Circuit has specifically recognized in a recent
case that one may be a “natural born†citizen of the United Sates in two ways: either by being
born in the United States, or by being born abroad of at least one citizen-parent who has met the
residency requirement. In United States v. Carlos Jesus Marguet-Pillado, a case dealing with the
propriety of an appeal based on requested jury instructions not given, the court stated:
No one disputes that Marguet-Pillado’s requested instruction was “an accurate statement of
the law,†in that it correctly stated the two circumstances in which an individual born in 1968
is a natural born United States citizen: (1) that the person was born in the United States or (2)
born outside the United States to a biologically-related United States citizen parent who met
certain residency requirements.167
.............................
Article II states that “No Person except a natural born Citizen, or a Citizen at the time of the
Adoption of this Constitution, shall be eligible to the Office of the President.†Article II left
to Congress the role of defining citizenship, including citizenship by reason of birth. Rogers
v. Bellei, 401 U.S. 815, 828, 91 S.Ct. 1060, 28 L.Ed.2d 499 (1971). Many decades later, the
Fourteenth Amendment set a floor on citizenship, overruled the Dred Scott decision, and
provided that all born or naturalized in the United States, and subject to the jurisdiction
thereof, were citizens by reason of birth (or naturalization proceedings, for that matter). Id. at
829-30, 91 S.Ct. 1060.
At the time of Senator’s McCain’s birth, the pertinent citizenship provision prescribed that
“[a]ny child hereafter born out of the limits and jurisdiction of the United States, whose
father or mother or both at the time of the birth of such child is a citizen of the United States,
is declared to be a citizen of the United States.†Act of May 24, 1934, Pub. L. No. 73-250, 48
Stat. 797. The Supreme Court has interpreted the phrase “out of the limits and jurisdiction of
the United States†in this statute to be the converse of the phrase “in the United States, and
subject to the jurisdiction thereof,†in the Fourteenth Amendment, and therefore to
encompass all those not granted citizenship directly by the Fourteenth Amendment. [United
States v. Wong Kim Ark, 169 U.S. 649, 687 (1898) ....]
Under this view, Senator McCain was
a citizen at birth. In 1937, to remove any doubt as to persons in Senator McCain’s
circumstances in the Canal Zone, Congress enacted 8 U.S.C. 1403(a), which declared that
persons in Senator McCain’s circumstances are citizens by virtue of their birth, thereby
retroactively rendering Senator McCain a natural born citizen, if he was not one already.
This order finds it highly probable, for the purposes of this motion for provisional relief, that
Senator McCain is a natural born citizen. Plaintiff has not demonstrated the likelihood of
success on the merits necessary to warrant the drastic remedy he seeks. 170
The federal court in Robinson v. Bowen thus implicitly adopted a meaning of the term “natural
born†citizen in the presidential eligibility clause which would include not only the narrow
“common law†meaning (jus soli, being born geographically in the United States without
reference to parental citizenship, as codified in the Fourteenth Amendment), but also the statutory
designation by Congress of one entitled to U.S. citizenship “at birth†or “by birth†even if born
abroad when such citizenship is transmitted from one’s parent or parents (jus sanguinis).
http://www.fas.org/sgp/crs/misc/R42097.pdf
Congressional Research Service Report
also not the response by springfield reformer to me concerning the CRS report and why the courts side with the idea that NBC applies both to ‘at birth’ and ‘by birth’
http://www.freerepublic.com/focus/news/3383127/posts?page=51#51
While the issue ‘hasn’t been definitively settled’ it has been settled enough that SC is finding in favor of ‘by birth’ as NBC
"Come on," Jennifer Granholm said while being interviewed, along with Mississippi Gov. Haley Barbour, by Chris Wallace on "Fox News Sunday."The discussion was about what's going on in Washington and how it impacts states. At the end of the interview, Wallace asked Granholm about her plans.
"Your two terms are up at the end of this year. Do you have any interest in moving here to Washington and working in the administration?" he asked.
"Are you offering me a job? No, I ..." she said.
"Yes, because I'm a conduit for the Obama White House. Exactly," Wallace joked.
"No, I'm totally focused this year on creating every single job I can until the last moment," Granholm said. "December 31st at midnight is when I'll stop. So I have no idea what I'm going to do next, but I'm not going to run for president. I can tell you that."
Wallace then pointed out that she would be unqualified to run, anyway.
"We should point out Gov. Granholm is a Canadian and cannot run for president," he said.
He also was a Canadian citizen and could have been a Cuban citizen if he wanted.
If one can be anything other than a US citizen at birth, one cannot be a natural born citizen