The naturalization act of 1790 definds a natural born citizen. Apparently Cruz qualifies:
“The Act also establishes the United States citizenship of certain children of citizens, born abroad, without the need for naturalization: ‘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: provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States’”
the children of citizens of the United States
Not notice the plural of citizen did you? Cruz father was not an American citizen at birth. So even if 1790 was not superceded Cruz still would not be eligible.
It has been and always will be about divided loyalties at birth. Cruz is not eligible.
You conveniently forgot that the 1790 Naturalization Act was completely rescinded, and any mention, ever, by Congress, of natural born citizens was replaced by “citizens”.
If Congress had the authority to interpret the Constitution we wouldn’t need a supreme court. If one is a citizen, not natural born, then one is a naturalized citizen, like Cruz, Obama, Rubio, Jindal, Haley, Schwarzenegger, Albright, Brezinski, Chester Arthur, Chief Justice Charles Evans Hughes, and lots of people who didn’t run, or weren’t considered for candidacy as president.
If Cruz is a naturalized citizen, so is the King of Jordan, whose mother was a U.S. citizen, a truth which probably doesn’t bother Heidi Cruz, on the executive board of the Council on Foreign Relations. Or perhaps we, by the example of the European Union would be better off as members of a North American Union with Canada and Mexico?
Thanks to FR Spaulding, again.
That act was repealing in 1795 because the Natural Citizen reference was improperly worded and gave a right that the Founders did not mean to grant. The 1795 Act which replaced it does not give natural citizenship to children born abroad to American citizens.
as previosly posted (sunrise_sunset)
1790 Naturalization Act:
“..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...”
1795 Naturalization Act:
“...the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States...”
The Act of 1790 was repealed and replaced by the Act of 1795 which omitted the NBC sentence and it never ever reappeared in subsequent changes. Just like slavery disappeared so did NBC. It is common knowledge and settled law that children of U.S. citizens born on foreign soil are naturalized at birth - therefore not NBC. Just read the Supreme Court ruling in Rogers v. Bellei 401 U.S. 815 (1971).