“Wong Kim Ark is a 14th amendment citizenship issue, whereas Cruz is a statutory citizenship issue.”
Sorry but both are issues of “born citizenship.” Both appear to be (and are) “born citizen.” Neither are Natural Born Citizens. Natural Born Citizen is used only once in the Constitution. It is used as a restrictive term regarding who can be president.
Not all citizens can be president. Only citizens with the pedigree of native birth to citizen parents can be president. The Founders used the term of NBC to limit the Presidency to citizens with no potential conflict of interests. They intended to exclude those with mixed citizenship parents from the Presidency. Only “pure” Americans can be President.
In your opinion, not in fact.
Are birthers doomed to spend their lives tilting at windmills...???
In your opinion, not in fact.
Are birthers doomed to spend their lives tilting at windmills...???
No need to apologize. I was just noting that Wong Kim Ark was born in the US, and Cruz was not. Therefore, the source of their born citizenships can be viewed as coming from different places.
Wong Kim Ark is a citizen by dint of the 14th amendment's "born ... in the United States, and subject to the jurisdiction thereof." This determination attaches without reference to any statute, although there is a statute that recapitulates exactly the words of the 14th amendment.
Some might view Cruz's citizenship as also deriving from the 14th amendment, but under "naturalized in the United States, and subject to the jurisdiction thereof." This citizenship, unlike Wong Kim Ark's, depends on a statute.
That was the only distinction I was trying to make. I think it's fair to say that Cruz is also a 14th amendment citizen, but there is some difficulty with meeting the "naturalized in the united states" part, seeing as how the statute confers citizenship on birth abroad.
It's my view that a person who is a citizen due solely to the operation of a statute, is a naturalized citizen. Cruz is not a NBC. Legally, it's an easy case. Politically, it is an emotional case. People can easily convince themselves that Cruz is an NBC, and the elite class is more than happy to lead them there.