Yup...there is a lot of that going around to this day..
If you think what is being done with the citizenship laws is bad, you haven’t seen anything! I’m now researching the Internal Revenue Statutes (the Internal Revenue was established in 1862, NOT 1913 as is mistaught). If the American public at large knew how they are being used as voluntary slaves, we would be in the midst of a 3rd revolution because that tea tax the founding fathers got in an uproar about is chump change compared to the deceit going on today with all the w-4’s & w-9’s.
Also, your reliance that Cruz is qualified is founded upon British law that the founders threw in the pond and sent sailing back to Britain.
http://lonang.com/library/reference/tucker-blackstone-notes-reference/tuck-1e/
Blackstone’s Commentaries:
with Notes of Reference (1803)
St. George Tucker
VOLUME 1, NOTE E
From the whole of the preceding examination, we may deduce the following conclusions:
First …. That the common law of England, and every statute of that kingdom, made for the security of the life, liberty, or property of the subject, before the settlement of the British colonies, respectively, so far as the same were applicable to the nature of their situation and circumstances, respectively, were brought over to America, by the first settlers of the colonies, respectively; and remained in full force therein, until repealed, altered, or amended by the legislative authority of the colonies, respectively; or by the constitutional acts of the same, when they became sovereign and independent states.
Secondly …. That neither the common law of England, nor the statutes of that kingdom, were, at any period antecedent to the revolution, the general and uniform law of the land in the British colonies, now constituting the United States.
Thirdly …. That as the adoption or rejection of the common law and statutes of England, or any part thereof, in one colony, could not have any operation or effect in another colony, possessing a constitutional legislature of it’s own; so neither could the adoption or rejection thereof by the constitutional, or legislative act of one sovereign and independent state, have any operation or effect in another sovereign independent state; because every such state has an exclusive right to be governed by it’s own laws only.
Fourthly …. Therefore the authority and obligation of the common law and statutes of England, as such in the American states, must depend solely upon the constitutional or legislative authority of each state, respectively; as contained in their several bills of rights, constitutions, and legislative declarations …. which, being different in different states, and. wholly independent of each other, cannot establish any uniform law, or rule of obligation in all the states.
Fifthly …. That neither the articles of confederation and perpetual union, nor, the present constitution of the United States, ever did, or do, authorize the federal government, or any department thereof, to declare the common law or statutes of England, or of any other nation, to be the law of the land in the United States, generally, as one nation; nor to legislate upon, or exercise jurisdiction in, any case of municipal law, not delegated to the United States by the constitution.
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Virginia finalized their repeal of British feudal law of jus soli citizenship in 1779 under the governorship of Thomas Jefferson. And notice how it is the father that determines the child’s nationality unless the father is deceased and even then, it still applies to the wife who then passes it onto the child. This is the Law of Nature and of Nature’s God that the founders based the Declaration & Constitution upon ... we the people ... and our posterity. It does not say to foreigners and their posterity.
Be it enacted by the General Assembly, that all white persons born within the territory of this commonwealth and all who have resided therein two years next before the passing of this act, and all who shall hereafter migrate into the same; and shall before any court of record give satisfactory proof by their own oath or affirmation, that they intend to reside therein, and moreover shall give assurance of fidelity to the commonwealth; and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed: And all others not being citizens of any the United States of America, shall be deemed aliens.
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In 1859, naturalized US Americans were still being held unlawfully in the countries of their birth so President Buchanan had his Dept of Justice, Attorney General draft a legal OP that was published nationwide and sent out to all embassies across the globe. The US Embassies then forwarded this legal memorandum to all foreign governments, declaring once again, the laws of citizenship of the United States, both at birth & naturalization.
“The question then arises, what rights do our laws confer upon a foreigner by granting him citizenship? I answer, all the rights, privileges and immunities which belong to a native-born citizen, in their full extent with the single qualification that under the constitution, “no person except a natural born citizen is eligible to the office of President…â€
“Here none but a native can be President…A native and a naturalized American may therefore go forth with equal security over every sea and through every land under Heaven…They are both of them American citizens, and their exclusive allegiance is due to the Government of the United States. One of them never did owe fealty elsewhere, and the other, at the time of his naturalization…threw off, renounced and abjured forever all allegiance to every foreign prince, potentate, State and sovereignty whatever, and especially to that sovereign whose subject he had previously been.â€
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1922 the US Assist Solicitor General, Richard W. Flournoy, citing ATT’Y General Black.
Attorney-General Black, whose opinion of July 4, 1859, concerning the case of Christian Ernst, a naturalized American citizen of Hanoverian origin who was arrested upon his return to Hanover, has become a classic on this subject. It seems worth while to quote from this notable opinion:
“The natural right of every free person, who owes no debts and is not guilty of any crime, to leave the country of his birth in good faith and for an honest purpose, the privilege of throwing off his natural allegiance and substituting another allegiance in its place—the general right, in one word, of expatriation—is incontestible. I know that the common law of England denies it; that the judicial decisions of that country are opposed to it; and that some of our own courts, misled by British authority, have expressed, though not very decisively, the same opinion. But all this is very far from settling the question. The municipal code of England is not one of the sources from which we derive our knowledge of international law. We take it from natural reason and justice, from writers of known wisdom, and from the practice of civilized nations. All these are opposed to the doctrine of perpetual allegiance. It is too injurious to the general interests of mankind to be tolerated; justice denies that men should either be confined to their native soil or driven away from it against their will.â€
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Michigan Law Review (50 Mich. L. Rev. 927 1951-1952) that is cited by Harvard law professors.
The result of the principal case is to limit the category “natural born†to those who become citizens under the doctrine of jus soli; this makes it co-extensive with the term “native born.†Of importance in this problem is whether these children took the nationality of their parents at common law, for if they are citizens by virtue of their birth and without the aid of statute, then certainly they are “natural born†and not “naturalized†citizens. In most continental European countries the doctrine of jus sanguinis is applied. England follows the same rule, both by virtue of the common law and under a declaratory statute of 1350 guaranteeing such application. As a result, it is generally concluded, despite occasional dissent,†that jus sanguinis was the common law doctrine. (8 1 Willoughby, The Constitution §202 (1922); Flournoy and Hudson, Nationality Laws (1929); Harvard Research in International Law on Nationality, 23 AM. J. INT. L., Spec. Supp. 80 (1929).
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These questions would once again be laid to rest by Harvard (66 Harv. L. Rev. 707 1952-1953) and their repeated reference back to the 1859 OP released by the Buchanan Administration and ATT’Y Gen Black.
For most purposes, it is not necessary to determine the method by which citizenship has been acquired. But the problem of whether a citizen is natural born or naturalized is important in such areas as denaturalization, expatriation, and qualification for certain offices such as the presidency. (For a discussion of the distinctions made in expatriation, see pp. 739-42 infra.)
When a person is a citizen by jus sanguinis, is he natural born or naturalized? The answer. to this question will determine the applicability of certain expatriation provisions and the citizen’s qualification for the presidency. Some courts, relying on dicta in United States v. Wong Kim Ark equating natural born with native born, have indicated that those who claim citizenship solely by parentage are naturalized citizens. But this conclusion seems opposed to the common law concept -which may be assumed to be written into the constitutional requirements for the presidency -that jus sanguinis confers naturalborn citizenship. (See 5o Mich. L. REV. 926 (1952).)
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73 Harv. L. Rev. 1512 1959-1960
…later there was considerable controversy whether aliens who became American citizens could effectively cut their original ties. This was a different issue from that discussed in Perez and Trop. The earlier controversy resulted in the celebrated opinion presented by Attorney General Black to President Buchanan, and the Expatriation Act of 1868,†both upholding the individual’s right of expatriation. The vigor of the American point of view had its effect upon Great Britain, where in 1869 a Royal Commission recommended the end of a system of perpetual allegiance. (9 Ops. ATT’Y GEN. 3.56 (1859). Act of July, 27, I868, ch. 249, I5 Stat. 223.)
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It isn’t the government who births the citizens, it is the people themselves who’s unalienable right of expatriation gives them the right to choose which government they will attach their allegiance to. And since children at birth or prior to the age of consent (21) are not able to do so legally, they are therefore under their parents governance as well as the governance of the government in which the parents owe allegiance to. Their nationality & allegiance is that of their parents.
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1st commentaries on US law, Lectures on Law by Justice James Wilson, 1791
“The law of nature, when applied to states and political societies, receives a new name, that of the law of nations. This law, important in all states, is of peculiar importance in free ones. The States of America are certainly entitled to this dignified appellation…But if the knowledge of the law of nations is greatly useful to those who appoint, it surely must be highly necessary to those who are appointed…As Puffendorff thought that the law of nature and the law of nations were precisely the same, he has not, in his book on these subjects treated of the law of nations separately; but has every where joined it with the law of nature, properly called so…the law of nature is applied to individuals; the law of nations is applied to states.â€
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Under the laws of nations from time immemorial, their nationality follows that of their fathers.
“Under the laws of nations from time immemorial, a family is a unit comprised of but one allegiance, that of the husband/father. This is necessary for the survival & preservation of all civilized societies, but especially that of a Republic. A doctrine that has been written down from time immemorial.”
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The 1866 Act that is the 14th Amendment begins:
“All persons born in the United States, and not subject to any foreign power excluding Indians not taxed, are hereby declared to be citizens of the United States.â€
As it is for those born IN the US, so it is to be for those born outside the US ... NOT subject to any foreign power (i.e. no dual citizenship) excluding Indians not taxed, are hereby declared to be citizens of the United States.â€
In 1885, US Secretary Of State under Grover Cleveland, Thomas Bayard, decided that ‘the son of a German subject, born in Ohio, was not a citizen under the statute or the Constitution, because “he was on his birth ’subject to a foreign power,’ and ‘not subject to the jurisdiction of the United States’ Thomas Bayard was the fourth generation of his family to serve in the U.S. Senate and was considered a prominent Bourbon Democrat.
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(2.) The constitution requires that the President shall be a natural born citizen, or a citizen of the United States at the time of the adoption of the constitution, and that he shall have attained to the age of thirty-five years, and shall have been fourteen years a resident within the United States. Considering the greatness of the trust, and that this department is the ultimately efficient executive power in government, these restrictions will not appear altogether useless or unimportant. As the President is required to be a native citizen of the United States, ambitious foreigners cannot ; intrigue for the office, and the qualifications of birth cuts off all those inducements from abroad to corruption, negotiation and war, which have frequently and fatally harassed the elective monarchies of Germany and Poland, as well as the Pontificate at Rome… (James Kent, Commentaries on American Law, Part II: Of the Government and the Jurisprudence of the United States, 1826)
James Kent, Commentaries 1:397–98; 2:33–63(1826-1827)
We are next to consider the rights and duties of citizens in their domestic relations, as distinguished from the absolute rights of individuals, of which we have already treated. Most of these relations are derived from the law of nature, and they are familiar to the institutions of every country, and consist of husband and wife, parent and child, guardian and ward, and master and servant. To these may be added, an examination of certain artificial persons created by law, under the well known name of corporations. There is a still more general division of the inhabitants of every country, under the comprehensive title of aliens and natives, and to the consideration of them our attention will be directed in the present lecture.
(1.) Natives are all persons born within the jurisdiction of the United States. If they were resident citizens at the time of the declaration of independence, though born elsewhere, and deliberately yielded to it an express or implied sanction, they became parties to it, and are to be considered as natives; their social tie being coeval with the existence of the nation. If a person was born here before our independence, and before that period voluntarily withdrew into other parts of the British dominions, and never returned; yet, it has been held, that his allegiance accrued to the state in which he was born, as the lawful successor of the king; and that he was to be considered a subject by birth. It was admitted, that this claim of the state to the allegiance of all persons born within its territories prior to our revolution, might subject those persons who adhere to their former sovereign, to great inconveniences in time of war, when two opposing sovereigns might claim their allegiance; and, under the peculiar circumstances of the case, it was, undoubtedly, a very strong application of the common law doctrine of natural and perpetual allegiance by birth. The inference to be drawn from the discussions in the case of M’Ilvaine v. Coxe, would seem to be in favour of the more reasonable doctrine, that no antenatus ever owed any allegiance to the United States, or to any individual state, provided he withdrew himself from this country before the establishment of our independent government, and settled under the king’s allegiance in another part of his dominions, and never afterwards, prior to the treaty of peace, returned and settled here. The United States did not exist as an independent government until 1776; and it may well be doubted whether the doctrine of allegiance by birth be applicable to the case of persons who did not reside here when the revolution took place, and did not, therefore, either by election or tacit assent, become members of the newly created state.The ground of the decision in the latter case was, that the party in question was not only born in New-Jersey, but remained there as an inhabitant until the 4th of October, 1776, when the legislature of that state asserted the right of sovereignty, and the claim of allegiance over all persons then abiding within its jurisdiction. By remaining there after the declaration of independence, and after that statute, the party had determined his right of election to withdraw, and had, by his presumed consent, become a member of the new government, and was, consequently, entitled to protection, and bound to allegiance. The doctrine in the case of Respublica v. Chapman, goes also to deny the claim of allegiance, in the case of a person who, though born here, were not here and assenting to our new governments, when they were first instituted. The language of that case was, that allegiance could only attach upon those persons who were then inhabitants. When an old government is dissolved, and a new one formed, “all the writers agree,†said Ch. J. M’Kean, “that none are subjects of the adopted government who have not freely assented to it.†The same principle was declared by the Supreme Court of this state, in Jackson v. White…
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There is no getting around it other than by usurpation of the Law, Ted Cruz is NOT constitutionally qualified to be president or vice president.