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The case for getting rid of the requirement that the president must be a “natural born citizen”
The Washington Post ^ | 1/14/2016 | Ilya Somin

Posted on 01/17/2016 4:37:25 PM PST by BlackFemaleArmyColonel

In recent weeks, much time and effort has been devoted to debating whether Ted Cruz is a "natural born citizen" eligible for the presidency. Whichever way you come down on this question of constitutional interpretation, the real lesson of this debate should be the absurdity of excluding naturalized citizens from the presidency in the first place. Categorically excluding immigrants from the presidency is a form of arbitrary discrimination based on place of birth (or, in a few cases, parentage), which is ultimately little different from discrimination on the basis of race or ethnicity. Both ethnicity and place of birth are morally arbitrary characteristics which do not, in themselves, determine a person's competence or moral fitness for high political office.

The "natural born" citizen requirement was originally inserted into the Constitution because some of the Founders feared that European royalty or nobles might move to the United States, get elected to the presidency, and then use the office to advance the interests of their houses. Whatever the merits of this concern back in the 1780s, it is hardly a plausible scenario today.

One can argue that immigrants have less knowledge of the country and its customs, and might make worse presidents for that reason. But that problem is surely addressed by the constitutional requirement that a candidate for president must have been resident in the United States for at least fourteen years. As a practical matter, anyone who attains the political connections and public recognition needed to make a serious run for the presidency is likely to have at least as much knowledge of the US and American politics as most serious native-born candidates do.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Politics/Elections
KEYWORDS: canadian; ineligible; naturalborncitizen
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To: Mollypitcher1
The NBC definition is exact...

And definition that is exact must be understood to be so, and it ought to be written down in several places so confidence can be placed in its alleged exactlness.

But the definition needs more than exactness. It needs broad acceptance.

From what I have read of you opinions you have demonstrated neither.

381 posted on 01/17/2016 9:14:01 PM PST by John Valentine (Deep in the Heart of Texas)
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To: Mollypitcher1; Oceander
The NBC definition is exact and stipulates what a contender for the Presidency must be. MUST be. Do you understand? MUST BE!

So other than throwing fits and insulting freepers who disagree with you, what are you going to do about it?

Are you going to sue to keep Cruz off the ballot?

Or are you just going to continue to insult long time freepers and call them idiots and hurl personal insults until the election is over.

382 posted on 01/17/2016 9:15:11 PM PST by P-Marlowe (Tagline pending.)
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To: P-Marlowe

It is already decided. The constitution speaks but blockheads and idiots refuse to understand.


383 posted on 01/17/2016 9:15:53 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: P-Marlowe

He is very clearly a naturalized citizen and ineligible.


384 posted on 01/17/2016 9:17:21 PM PST by Ray76
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To: erkelly

Bravo! Finally some sanity on this thread.


385 posted on 01/17/2016 9:19:35 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Ray76
He is very clearly a naturalized citizen and ineligible.

I don't agree. A person who is a citizen at the moment of birth is a natural born citizen.

There are only two kinds of citizens, natural born and naturalized.

You believe Cruz is naturalized, but I subscribe to the theory (which is pretty clear in the 1790 act) that being born a citizen means natural born citizen.

Now are we going to have a Civil War here on Free Republic over this issue?

It's a red herring. If it goes to the courts, the courts are going to agree with me, and you are not going to be satisified.

Oh well.

We really do have bigger fish to fry, but some people will fry up the same sardine until the cows come home.

386 posted on 01/17/2016 9:23:15 PM PST by P-Marlowe (Tagline pending.)
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To: P-Marlowe

To support your position you (and Cruz) have to overcome the statute itself, the entire history of U.S. naturalization statutes, the SCOTUS precedent in Bellei, the dicta in Ark, the exemplar case of Churchill, all of which show that he is a citizen by statute, i.e. a naturalized citizen, and not eligible to be President.


387 posted on 01/17/2016 9:26:57 PM PST by Ray76
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To: terycarl

We have BRILLIANT and more than qualified persons who could lead this country. If a person is of age, and has lived here all his/her life....educated, property owner, extended family here,history of local and state participation in constructive projects....but left his mothers womb 4 miles on the other side of the border.....who cares.
......................................................
I CARE! Either we have a constitution to be obeyed or we just flit here and there according to the latest fashion!
We have over Three hundred Million people to choose from. There will always be someone among that vast number with the PATRIOTIC and NATURAL BORN CITIZNSHIP credentials to fulfill the mission. We DO NOT need any foreigners. We have TOO MANY of them here now.You had better toss away that WHO
CARES insanity, unless you wish to be taken for a Democrat. You are saying what THEY are saying, that the constitution doesn’t matter anymore.


388 posted on 01/17/2016 9:29:03 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: BlackFemaleArmyCaptain; Wissa; UCANSEE2

I’m so sorry. Whenever I hit abuse, I always detail my complaint, so that whomever receives my complaint will know precisely the reasons that prompted my complaint:
i.e. foul language (cite it); personal attack (cite it); etc.
No need to keep the Moderators guessing.


389 posted on 01/17/2016 9:29:45 PM PST by onyx (HAVE YOU MADE YOUR DONATION to OUR FReep-a-Thon? PLEASE MAKE IT TODAY!)
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To: BlackFemaleArmyCaptain

Any person who is a citizen at birth is a Natural Born Citizen.

The Fourteenth Amendment does not mandate Anchor Babies.

But:

The Fourteenth Amendment should be repealed because all former slaves are deceased.


390 posted on 01/17/2016 9:30:17 PM PST by Arthur McGowan
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To: rlmorel

I need to look into that further. it is heartbreaking that we have fallen so low. We are feared no more. It will take a very strong person to stop the nosedive into obscurity.


391 posted on 01/17/2016 9:32:47 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Karl Spooner

LOL.
Nah, you didn't misspell anything!
I know a typo when I see one!

392 posted on 01/17/2016 9:34:17 PM PST by onyx (HAVE YOU MADE YOUR DONATION to OUR FReep-a-Thon? PLEASE MAKE IT TODAY!)
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To: C210N

What current law?


393 posted on 01/17/2016 9:35:32 PM PST by moonhawk (What would he do differently if he WAS a muslim?)
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To: Oceander

Too bad you haven’t read the constitution!


394 posted on 01/17/2016 9:36:26 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Ray76

Again let us agree to disagree. I personally don’t want the same bunch of ass clowns that gave us Homosexual marriage deciding who I can or can’t vote for or deciding the meaning of some obscure passage in the original text of the Constitution.

I will leave it up to the consciences and wisdom of the American people, the electors and congress.

If you don’t think Cruz is eligible, then do not vote for him. Stand on your principles. I will stand on mine.


395 posted on 01/17/2016 9:37:18 PM PST by P-Marlowe (Tagline pending.)
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To: Mollypitcher1
You know, I love intelligent discussion, and even a bit of intense debate from time to time, but one thing I hate is equivocation.

I can hardly believe that you are trying to tell me that the reference in Article 1, Section 8 is a reference to Vattel's Law of Nations when it is clearly nothing of the kind.

This is simply a reference to 'international law;" nothing more.

With every post it becomes harder and harder to take you seriously.

396 posted on 01/17/2016 9:37:20 PM PST by John Valentine (Deep in the Heart of Texas)
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To: Mollypitcher1; Oceander

You’re just full of insults tonight, aren’t you?


397 posted on 01/17/2016 9:38:02 PM PST by P-Marlowe (Tagline pending.)
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To: Duchess47

Yup! :>)


398 posted on 01/17/2016 9:40:36 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Stepan12

How is BO not an NBC but Cruz is?

If you were as concerned as most of us here were about Obama’s status, how does Cruz get a pass?

Aren’t you the one with the double standard?


399 posted on 01/17/2016 9:41:21 PM PST by moonhawk (What would he do differently if he WAS a muslim?)
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To: P-Marlowe

“obscure passage”? Noted.

Good night.


400 posted on 01/17/2016 9:41:48 PM PST by Ray76
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