“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.” Minor v. Happersett, 88 U.S. 162, 168.
But you already knew that.
There is also a continuing clause in Common-Law that someone born abroad to American citizen (s?)is NBC.
Whether or not it requires BOTH parents for such NBC to be USA citizens is another question. I have seen that stated elsewhere, but did not have forethought to save or bookmark it. If I remember correctly, only one citizen parent is required.
So at birth one is either a natural born citizen, or an alien or foreigner.
Which would Cruz fit under in that definition?
Justice Waite continued: "Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts."
So Justice Waite is saying that everyone agrees that children born in the U.S. of citizen parents are natural-born citizens. He is also saying that some also believe that children born in the U.S. are natural born citizens regardless of the citizenship of the parents. And he also makes it clear that for the purposes of the case at hand it is not necessary to say whether or not these people are correct. And so Justice Waite doesn't.
But you knew that too.
LV Ron, I did know about Minor, its just that no court case can set a Constitutional precedent unless it directly is in answer to the NBC question regarding POTUS. Minor nor any other case or Act does so directly enough.
All this NBC scuffling is fun and energizing, but when it all boils down we’ll find it all went up in steam.
I am confident had the Founders imagined NBC would ever get so contorted, they would have been more specific rather than assuming everyone would always just know. For that reason, I would bet that SCOTUS would never touch Presidential NBC with a 10 foot pole.
If it is ever clarified, it will be due to a Constitutional Amendment and a Constitutional Convention scares most everyone like they just caught their parents doing it.