Replies

“This is called natural law.”

That is a totally false analogy.

Among patrilineal cultures for thousands of years, the child’s citizenship was determined by the father’s citizenship, because the mother’s citizenship was also determined by her husband’s citizenship. This was the basis for the Roman laws and jus sanguinis. When some jurisdictions adopted jus soli as a principle of law to determine citizenship on the basis of the place of birth, there arose a conflict between the claims of competing jurisdictions. Under the principles of natural law a sovereign jurisdiction could perpetuate itslef without the manmade enactments of statutory laws or codification of manmade common-law only when the child is born in a circumstance where the citizenship of the natural parents are no different than the jurisdiction that is the plae of birth or the jurisdiction that is the place of birth claims no obligations of allegiance upon the child at birth. In these circumstances the child is a natural born citizen because no other sovereign is in a position to claim the allegiance and obligation from the child but that of the natural parents having the same citizenship.

When the traditional relationship between the husband and wife occurred with the emancipation of women and redognition of citizenship aprt from the husband or male guardian, there arose a new circumstance under which the mother of the child could have a citizenship different from the father of the child. This circumstance then required a manmade and therefore unnatural law and a statutory law to determine which of two or more sovereigns would be determined by a manmade act and not a natural occurrence to be the child’s citizenship. If the child were truly a natural born citizen, there could only be one possible citizenship and sovereign. The very fact there can be more than one possible choice of citizenship immediately indicates the child cannot possibly be a natural born citizen of any state, because a manmade law had to used to determine which of the citizenships would become effective.

Senator Ted Cruz was born in Canad with a father who was a Cuban citizen, a mother who was a U.S. citizen with authority to confer her U.S. citizenship to her child only when qualified by the U.S. statute of law. Since a child is a natural born citizen only in the absence of a manmade statute of law to authorize the citizenship, the U.S. statutory law authorizing his U.S. citizenship to a child born abroad to a U.S. citizen mother disqualified him as a natural born citizen by definition.