Posted on 01/09/2016 10:58:04 AM PST by 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..."
Exactly.
And no, he won't be derailed by some deranged individual's lawsuit nor some democrat hack on the Bench somewhere trying to make legal soup out of a nothing burger.
Supreme case law says not.
This is all academic anyways as Cruz has a very slim chance at winning the nomination. I would not be so certain or to take the chance that Cruz wins.
The Supreme Court ruled in 1874 in Minor v Happersett that: “The Constitution does not say, in words, who shall be Natural Born Citizens. Resort must be had elsewhere to determine that.”
The courts deal with each legal challenge to Natural Born Citizen status on a case by case basis.
Lets get to the nub of it without the law passed by Congress would Cruz be a citizen?
... therefore, the Legislature had no authority to extend the meaning of a term over which it had no Constitutional authority. Thus, the term was removed in the 1795 Act.
Read this on post 67.. accurate? Thx
http://freerepublic.com/focus/f-news/3381517/posts?q=1&;page=51
Natural born = citizen by birth and not requiring naturalization process.
at the time of the Adoption of this Constitution
That adoption was not instantaneous, nor was there time limit in the Constitution itself, so the two acts were passed in order to end that time limit.
No Person except a natural born Citizen, or a Citizen of the United States
The different terms in the two acts were used for the same reason the same exact terms were also used in the grandfather clause - to distinguish between a natural born and naturalized citizen.
Not sure the Original 13 states had even heard of Mexico in 1795.
so the two acts were passed in order to >begin and< end that time limit.
It would be clear if the law said that but it doesn't. You are making things up.
I doubt that, but there were foreign jurisdictions that were not “beyond Seas,” and that error was also corrected via the 1795 Act.
Since the constitution doesn't define NBC, why not?
You are pissing in the wind here friend. I have grown weary trying to make people realize the folly of trying to amending the constitution with a statute.
They don't get it. The concept is too complex for many people. They will go on believing that Congressional Statute law is some sort of back door for amending the Constitution.
You just can't shake people's belief in this.
Very good. You are rightly recognizing those statutes as "naturalization" laws. Yes, congress has the power of naturalization.
You're getting there.
A PING for your thoughts on post 28 since it ties into the discussion yesterday.
Naturalization process? You mean like a law that naturalizes people at birth? That sort of thing?
Does matter how many opinions you collect, the Constitution is clear and Ted is not a natural born citizen.
If it suits you to believe he is, fine. Just know that you are contributing to the destruction of our country. You can leave that legacy for your children and grandchildren.
Oh don't be stupid. The phrase "or out of the limits of the United States" was in both acts. This would also include areas "beyond the seas", so "beyond the seas was redundant. Citizen at birth and Natural Born citizen are also redundant.
It doesn't define "bullets " either, but it certainly protects the right to keep and bear arms, the exercise of which requires "bullets."
Natural Born Citizen is an axiomatic extension of the founding doctrine of the US. It's called "Natural Law", and it was a "thing" in the last half of the 18th century. It was a very big "thing" back then.
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