- "... it will be found that they have “no standing†and be dismissed regardless of the merits."
- The Congress shall have Power ... To make ALL Laws which shall be necessary and proper for carrying into Execution the foregoing Powers,
and ALL other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
- Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, ...
Akhil Reed Amar, author of CNN's Why Ted Cruz is eligible to be president wrote:- " ... The Constitution's 12th Amendment clearly says
- that Congress counts the electoral votes at a special session;
and thus Congress is constitutionally authorized to refuse to count any electoral votes
that Congress considers invalid.
Elsewhere, Article I, section 5 of the Constitution makes clear
- that each house of Congress may "judge" whether a would-be member of that house
- meets the constitutional eligibility rules for that house.
He wins election in his home state.
But the Constitution says a senator must be 30 years old.
If a dispute arises about Smith's age, about whether there a proper birth certificate and what it says,
the Constitution clearly says the Senate is "the judge" of Smith's birth certificate dispute.
Similarly, for presidential elections the Constitution's structure makes Congress the judge of any birth certificate dispute
- or any other issue of presidential eligibility.
- but it is the judge of the eligibility rules prescribed in the Constitution.
Thus, ordinary courts should butt out, now and forever.
They have no proper role here, because the Constitution itself makes Congress the special judge.
In legal jargon, the issue is a "nonjusticiable political question."
- Legal questions are deemed to be justiciable, while political questions are nonjusticiable. [Huhn, Wilson R. American Constitutional Law Volume 1. 2016.]
One scholar explained:
- The political question doctrine holds
- that some questions, in their nature, are fundamentally political, and not legal,
and if a question is fundamentally political ... then the court will refuse to hear that case.
It will claim that it doesn't have jurisdiction.
And it will leave that question to some other aspect of the political process to settle out.
- - - John E. Finn, professor of government, 2006 [2]
In the typical case where there is a finding of nonjusticiability due to the political question doctrine,
- the issue presented before the court is usually so specific
that the Constitution gives ALL power to one of the coordinate political branches,
or at the opposite end of the spectrum, the issue presented is so vague
- that the United States Constitution does not even consider it.
The Constitution dictates the different legal responsibilities of each respective branch of government.
If there is an issue where the court does not have the Constitution as a guide, there are no legal criteria to use.
When there are no specific constitutional duties involved, the issue is to be decided through the democratic process.
The court will not engage in political disputes.
A constitutional dispute that requires knowledge
- of a non-legal character
or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States,
Now, let's take a close look at the word "NATURALIZATION", its history, and FROM WHERE it was derived .
What is the root word of "Naturalization" ? Not only could the Founding Father define "natural born citizen", BUT ... THE FOUNDING FATHERS DID DEFINE IT !
The Naturalization Act of 1790, let's read it !
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,
- That any Alien being a free white person,
- who shall have resided within the limits and under the jurisdiction of the United States for the term of two years,
- wherein he shall have resided for the term of one year at least,
- he is a person of good character,
and taking the oath or affirmation prescribed by law
- to support the Constitution of the United States,
and the Clerk of such Court shall record such Application, and the proceedings thereon;
and thereupon such person shall be considered as a Citizen of the United States.
And the children of such person so naturalized,
- dwelling within the United States,
being under the age of twenty one years at the time of such naturalization,
And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States,
- shall be considered as natural born Citizens:
- the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:
- no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid,
- except by an Act of the Legislature of the State in which such person was proscribed.
Take a look at the original one WRITTEN BY our FOUNDING FATHERS,
and VERIFY IT FOR YOURSELF in the list of NAMES of the members of our FIRST CONGRESS !
1st United States Congress, 21-26 Senators and 59-65 Representatives
Finally, read the latest from links provided by the U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees lawful immigration to the United States. READ IT VERY CLOSELY.
- Anyone born inside the United States *
- * There is an exception in the law - - the person must be "subject to the jurisdiction" of the United States.
This would exempt the child of a diplomat, for example, from this provision. - Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
- Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
- Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
- Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
- Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
- Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
- A final, historical condition:
- a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
... Citizenship is mentioned in
- Article 1, Section 2,
Article 1, Section 3,
Article 1, Section 8,
Article 2, Section 1,
and in the 14th Amendment
and several subsequent amendments.
If you're going to be involved in government in the United States, citizenship is a must.
To be a Senator or Representative, you must be a citizen of the United States.
To be President, not only must you be a citizen, but you must also be natural-born.
Aside from participation in government, citizenship is an honor bestowed upon people by the citizenry of the United States when a non-citizen passes the required tests and submits to an oath.
Natural-born citizen
Who is a natural-born citizen?
Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way:
- "All persons born or naturalized in the United States,
- and subject to the jurisdiction thereof,
As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
The Constitution authorizes the Congress to create clarifying legislation in
- Section 5 of the 14th Amendment;
the Constitution, in Article 1, Section 8, Clause 4,
Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution.
Section 1401 defines the following as people who are "citizens of the United States at birth:"
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President.
These provisions allow the children of military families to be considered natural-born, for example.
Separate sections handle territories that the United States has acquired over time, such as
- Puerto Rico (8 USC 1402),
Alaska (8 USC 1404),
Hawaii (8 USC 1405),
the U.S. Virgin Islands (8 USC 1406),
and Guam (8 USC 1407).
and usually confer natural-born status on persons born in those territories after that date.
- For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President (June 27, 1952).
Additionally, all persons born in Puerto Rico on or after January 13, 1941, are natural-born citizens of the United States.
- Note that because of when the law was passed, for some, the natural-born status was retroactive.
The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama.
In 8 USC 1403, the law states that
- anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen,
was "declared" to be a United States citizen.
- Note that the terms "natural-born" or "citizen at birth" are missing from this section.
In 2008, when Arizona Senator John McCain ran for president on the Republican ticket, some theorized that
- because McCain was born in the Canal Zone,
he was not actually qualified to be president.
McCain is a natural-born citizen under 8 USC 1401(c):
- "a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States
and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person."
U.S. Nationals
A "national" is a person who is considered under the legal protection of a country, while not necessarily a citizen.
National status is generally conferred on persons who lived in places acquired by the U.S. before the date of acquisition.
A person can be a national-at-birth under a similar set of rules for a natural-born citizen.
U.S. nationals must go through the same processes as an immigrant to become a full citizen.
U.S. nationals who become citizens are not considered natural-born.
(Continued)