Posted on 08/14/2013 5:45:12 AM PDT by Perdogg
The Constitution says that only "natural born citizens" are eligible to be president. Is Sen. Ted Cruz of Texas eligible, given that he was born in Canada of a U.S. citizen mother and a Cuban immigrant father?
If Cruz runs, 2016 will be the third consecutive election in which there were questions about the right of a major party candidate to serve. Unfortunately, the Framers left few clues about exactly what a "natural born citizen" is; Congress has not used the phrase in citizenship statutes since 1790.
(Excerpt) Read more at news4jax.com ...
In other words, it says that their citizenship is recognized as already being there at birth
This is apparently a tough concept for some folks.
Citizenship at birth - BY OPERATION OF STATUTE.
No, that addition is your assumption. The Rule of Enumeration states otherwise.
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Yes, he is a natural born according to the way “natural born” was used in the Naturalization Act of 1790.
LOL! You can't base someones citizenship on a law that's no longer in operation, and there has been no new Revolution to entitle anyone to that right.
Again, if this were the case, there would be evidence. Please provide it.
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You keep hanging your entire argument on the single repealed Act. Let's take a close look at it.
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: Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States:
the children of citizens
Which means children of persons who were made citizens under the Act.
Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States:
It says 'whose fathers have never been resident OF the United States'
This can only mean resident CITIZENS. It cannot mean resident aliens, because natural born citizenship cannot descend from something that is alien to it.
Cruz's father was a resident ALIEN, not a citizen. He only resided here for a short time.
IF he had applied for citizenship then instead of decades later, Cruz would have been natural-born, but he did not.
Cruz may be a US citizen AT birth by virtue of positive law , but a citizen BY birth can only be created by Natural Law, and only those type are Constituional, natural born citizens.
Citizenship residency age of Ann Duham Obama would have ONLY applied if Barack Obama was not born in the U.S.
Since 2009 there have been 16 court decisions that have ruled that Obama is a natural born citizen. No decisions have ruled to the contrary.
Allen v. Obama, Arizona (2012)
Ankeny v. Daniels, Indiana (2009)
Fair v. Obama, Maryland (2012)
Farrar v. Obama, Georgia (2012)
Freeman v. Obama, Illinois (2012)
Galasso v. Obama, New Jersey (2012)
Jackson v. Obama, Illinois (2012)
Paige v. Obama, Vermont (2012)
Powell v. Obama, Georgia (2012)
Purpura, et. al. v. Obama, New Jersey (2012)
Strunk v. N.Y. Board of Elections, New York (2012)
Swensson v. Obama, Georgia (2012)
Taitz v. Obama (Quo Warranto), Washington, D.C. (2010)
Tisdale v. Obama, Virginia (2012)
Voeltz v. Obama, Florida (2012)
Welden v. Obama, Georgia (2012)
Here’s an excerpt from one of the above:
Allen v Obama, Arizona Superior Court Judge Richard E. Gordon: “Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.”—Pima County Superior Court, Tuscon, Arizona, March 7, 2012
http://www.scribd.com/doc/84531299/AZ-2012-03-07-Allen-v-Obama-C20121317-ORDER-Dismissing-Complaint
Persons who acquire citizenship at birth, or minors who naturalize upon the naturalization of the parents, are eligible to apply for a Certificate of Citizenship. Persons 18 years old or older are eligible to apply for a process & upon completion thereof will obtain a Certificate of Naturalization.
All such persons are naturalized.
LOL! Hypocrisy, anyone?
That’s why her location at time of birth is of import. If she hadn’t met the residency requirement after age 14/16, and if she were overseas, then there is a case against Obama. If she was in the US at the time of the birth, then being a US citizen, nothing else really matters.
The one exception is if the citizenship is renounced. This is a possibility, but I don’t know anyone with any evidence on the subject.
It is possible to renounce one’s citizenship status. If Obama acquired Indonesian citizenship, then some countries require a renunciation of all other citizenships when acquiring citizenship in their country.
There is zero information on this subject, so it is only a matter of speculation.
The law of 1790 shows a broad use of the term “natural born citizenship.” It shows that it can be used for a child born overseas to only one US citizen parent.
The “necessary and proper” clause shows the Congress can do what they need to do to implement their powers.
To implement their power “to raise armies”, they have in times past utilized a draft of civilians. To make rules governing the military, they have decided that muslims can wear beards.
There isn’t a blessed thing in there about beards and muslims, but they considered it “necessary and proper.”
You can disagree with it, but it is still an exercise of their “necessary and proper” power.
The same with citizenship. They felt it necessary to define who already is a citizen to define to needed to be naturalized. They decided that those born overseas to at least one US parent did NOT need to be naturalized, that they were already automatic citizens.
In other words, Cruz was born a US citizen, and the broadness of their usage of the term “natural born citizen” means Cruz is a natural born citizen.
Two wrongs don't make a right.
Cruz would make an excellent Chief Justice of the Supreme Court, Senate Majority Leader, or Texas Governor. He is not eligible to be President not matter what the corrupt Courts that are covering for Barry Soetoro or the Corporate Media say about it.
Nope, citizenship at BIRTH by RECOGNITION OF REALITY.
Show me his naturalization papers, Ray.
You can’t or you would. Put up.
Are there others laws from 1790 you’d like to declare are in force? Perhaps you’d like to own a few slaves?
The law in force at the time of Cruz’s birth - the ONLY law that matters - says that he is a citizen.
They don’t acquire citizenship. Their citizenship is RECOGNIZED.
They don’t receive a certificate of naturalization; they receive a CRBA, Form SF-240, A “Consular Report of Birth Abroad”, that the USCIS calls “recognition” of their birth-based citizenship.
They are born citizens.
Due to age requirements under Indonesian Law at that time, Barack Obama was too old to acquire Indonesian citizenship by the time he moved to Jakarta.
No one in authority or official capacity is going to get hung up on age requirements for his mother or possible Indonesian citizenship of a six year old after four or five decades and two national elections.
These are fun issues to debate on blogs but they have no relevance to real world political and legal processes.
As a judge who ruled on this issue put it:
Purpura & Moran v Obama: New Jersey Administrative Law Judge Jeff S. Masin: “No court, federal, state or administrative, has accepted the challengers’ position that Mr. Obama is not a “natural born Citizen” due to the acknowledged fact that his father was born in Kenya and was a British citizen by virtue of the then applicable British Nationality Act. Nor has the fact that Obama had, or may have had, dual citizenship at the time of his birth and thereafter been held to deny him the status of natural born. It is unnecessary to reinvent the wheel here. … The petitioners’ legal position on this issue, however well intentioned, has no merit in law. Thus, accepting for the point of this issue that Mr. Obama was born in Hawaii, he is a ‘natural born Citizen’ regardless of the status of his father.” April 10, 2012
http://www.scribd.com/doc/88936737/2012-04-10-NJ-Purpura-Moran-v-Obama-Initial-Decision-of-ALJ-Masin-Apuzzo
The use of “natural born citizen” in the law of 1790 shows that it was used by George Washington and other Founders to describe a child born overseas to at least one US citizen parent. George Washington, as you know, presided over the Constitutional Convention, so he knew a thing or two about the Constitution, including the term “natural born citizen.”
Your argument there about slaves was sort of desperate, Ray. Now you’re sounding like the liberal spokesman, Alan Colmes, who says the same kind of stuff when he’s getting waxed badly in a debate.
Persons who acquire citizenship at birth, or minors who naturalize upon the naturalization of the parents, are eligible to apply for a Certificate of Citizenship. Persons 18 years old or older are eligible to apply for a process & upon completion thereof will obtain a Certificate of Naturalization.
A minor who acquires citizenship derivatively by their parent(s) naturalization may apply for a Certificate of Citizenship. They are not eligible for a Certificate of Naturalization.
A foreign born child who acquires citizenship at birth derivatively by the citizenship of their parent(s) may apply for a Certificate of Citizenship. They are not eligible for a Certificate of Naturalization.
A persons 18 years old or older are eligible to apply for a process & upon completion thereof will obtain a Certificate of Naturalization. The citizenship of persons 18 years old or older depends upon their actions and not the actions of their parents.
Persons naturalized derivatively may have a Certificate of Citizenship, persons naturalized directly have a Certificate of Naturalization.
As I said, those are the only two relevant avenues of approach if one wishes to impeach the citizenship of BObama. There is no information that I know of that says he did renounce his citizenship when in Indonesia. You state that he was too old to acquire Indonesian citizenship. It seems to me that 6 years old would be too YOUNG to acquire Indonesian citizenship and not too old, so your information there has at least one element to it that needs to be check out, imho. It seems unusual to say a 6 year old is too OLD.
Proof of U.S. Citizenship and Identification When Applying for a Job
Your U.S. passport is your best proof of U.S. citizenship. Other official documents can be used, as described below.Are you a citizen born in the United States?Your birth certificate provides proof of citizenship. If you need a copy of your birth certificate, contact the Bureau of Vital Statistics in the State in which you were born. We do not issue any kind of citizenship document to a person who is a citizen by birth in the United States. Are you a citizen born outside of the United States?The citizenship of someone born outside of the United States, as the child of a U.S. citizen parent, could vary depending on the law in effect when the birth took place. In most cases citizens born outside the U.S. requires a combination of evidence showing at least one parent being a U.S. citizen when the child was born and having lived in the United States or its possessions for a period of time. To apply for recognition of citizenship, you have options:
Are you a naturalized citizen or derivative citizen?You can use your original Naturalization Certificate or Certificate of Citizenship as proof of citizenship. If you have lost either of your certificates, you can apply for a replacement using Form N-565. The instructions to N-565 explain how to file and the process in greater detail. You can access both the form and instructions from the “Related Links” section in the upper right corner of this page. If you do not have Web access at home or work, check with your public library, or you can order a form by telephone by calling the USCIS forms request line at 1-800-870-3676. Identification when applying for a job Every employer in the United States must verify that each newly hired employee can be legally employed in the United States. A U.S. citizen may show a variety of evidence to meet this requirement:
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Last updated:02/03/2010
“Two wrongs don't make a right” may mean something in a country where laws are respected. Unfortunately, our current Government has demonstrated that it does not respect the law or the constitution. (I.e., Obama delaying parts of ObamaCare in order to protect the Democrats in the 2014 election)
If a majority of the American people no longer care about the requirements for the Presidency, why should the rest handicap themselves? I'm not going to ignore a person who could be the best candidate for the Republicans just because of a requirement that the opposition party does not respect.
To obtain a Certificate of Citizenship requires more than a Consular Report of Birth Abroad.
Some other requirements, for example - Birth Certificate or record issued and certified by a civil authority in the country of birth; Birth Certificate or record of U.S. citizen parent issued and certified by a civil authority in the country of birth; Marriage Certificate; Marriage termination (divorce, death, annulment)
Desperate? No. Jeering at the ridiculousness of your claims.
Form FS-240 only came out in the past few years.
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