To: Yosemitest
Cite where the 1798 law says “natural born citizen.”
107 posted on
01/30/2016 12:15:48 PM PST by
2pets
To: 2pets
No need!
Even EXTREME LIBERALS like the ones at CNN understand.
On the Meaning of "Natural Born Citizen",
MAR 11, 2015, Commentary by Neal Katyal & Paul Clement
... While the field of candidates for the next presidential election is still taking shape,
at least one potential candidate, Senator Ted Cruz, was born in a Canadian hospital to a U.S. citizen mother.15× Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a "natural born Citizen" within the meaning of the Constitution.
Indeed, because his father had also been resident in the United States, Senator Cruz would have been a "natural born Citizen" even under the Naturalization Act of 1790.
Similarly, in 2008, one of the two major party candidates for President, Senator John McCain, was born outside the United States on a U.S. military base in the Panama Canal Zone to a U.S. citizen parent.16× Despite a few spurious suggestions to the contrary, there is no serious question that Senator McCain was fully eligible to serve as President,
wholly apart from any murky debate about the precise sovereign status of the Panama Canal Zone at the time of Senator McCain's birth.17× See, e.g., Laurence H. Tribe & Theodore B. Olson, Opinion Letter, Presidents and Citizenship, 2 J.L. 509 (2012).
Indeed, this aspect of Senator McCain's candidacy was a source of bipartisan accord.
The U.S. Senate unanimously agreed that Senator McCain was eligible for the presidency,resolving that any interpretation of the natural born citizenship clause as limited to those born within the United States was "inconsistent with the purpose and intent of the 'natural born Citizen' clause of the Constitution of the United States,
as evidenced by the First Congress's own statute defining the term 'natural born Citizen.' "18× S. Res. 511, 110th Cong. (2008).
And for the same reasons, both Senator Barry Goldwater and Governor George Romney were eligible to serve as President although neither was born within a state.
Senator Goldwater was born in Arizona before its statehood and was the Republican Party's presidential nominee in 1964,19× and Governor Romney was born in Mexico to U.S. citizen parents and unsuccessfully pursued the Republican nomination for President in 1968.20×
There are plenty of serious issues to debate in the upcoming presidential election cycle.
The less time spent dealing with specious objections to candidate eligibility, the better.
Fortunately, the Constitution is refreshingly clear on these eligibility issues.
To serve, an individual must be at least thirty-five years old and a "natural born Citizen."
Thirty-four and a half is not enough and, for better or worse, a naturalized citizen cannot serve.
But as Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization.
And the phrase "natural born Citizen" in the Constitution encompasses all such citizens from birth.
Thus, an individual born to a U.S. citizen parent - - whether in California or Canada or the Canal Zone - - is a U.S. citizen from birth
and is fully eligible to serve as President if the people so choose.
* Paul and Patricia Saunders Professor of Law, Georgetown University.
** Distinguished Lecturer in Law, Georgetown University; Partner, Bancroft PLLC.
111 posted on
01/31/2016 9:09:32 AM PST by
Yosemitest
(It's SIMPLE ! ... Fight, ... or Die !)
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