Posted on 01/20/2016 8:03:53 PM PST by Jeff Chandler
Some folks, including Don Trump, think Senator Cruz is not entitled to run for president because he is not a "natural born" citizen. This matter was debated when John McCain ran for the office, yet it seems that the correct answers are still not generally appreciated. So...
...is Senator Ted Cruz qualified to be president? Yes, because the 1790 Immigration Act declares flatly that people in his circumstances are "natural-born" citizens. That law followed the adoption of the constitution by about two years, and some of the founding fathers of the nation were in the Congress at the time. One knows, therefore, exactly what the constitution means by "natural-born".
John McCain's case is extraordinary. He is not a "natural-born" citizen because he was naturalized by act of Congress [snip]
So McCain, who should and could have been legally declared "natural-born", was naturalized instead. Congress never subsequently addressed the clumsy situation, though it could have laid the issues to eternal rest with a federal law precisely defining "natural-born"--as the 1790 act did.
(Excerpt) Read more at newterrapingazette.com ...
” I do think he is eligible ASSUMING one of his parents was an American citizen when he was born.”
Now suppose a similarly situated person to Cruz also born in 1970.
Instead of being born in Canada, they instead were born in Vietnam to an American serviceman and a Vietnamese mother. Would that person born in Vietnam be a natural born citizen of the USA?
Meaning: they're not, but will be treated as such.
.
Yes, if he was raised in the US like Cruz.
.
Naturalization has nothing to do with Cruz; he could not be naturalized, since he was already born a citizen.
Some people are really dense!
“Yes, if he was raised in the US like Cruz.”
Could you please cite the Raised in the US Clause in the Constitution?
After the last two Presidential Elections; the answer, apparently, is "anyone"... really; anyone. No qualifications, whatsoever.
Let’s bring science into it.
How about an In-vitro President?
Let’s take the sperm from an anonymous donor, the egg from an American mother and implant the embryo in a rich woman in Hong Kong. The baby is born in Hong Kong.
American citizen? If so, naturalized or natural born?
Reverse some of the situation. Anonymous sperm donor, egg from Hong Kong alien female. Embryo implanted in Hong Kong into American woman. Baby born in Hong Kong.
American citizen? If so, naturalized or natural born?
If you go down this road it can get really complicated.
Yes, YOU are extremely “dense”.
Though a citizen, Ted is NOT a NBC!
It was repealed 1795 and applies to Naturalization, not to natural born citizen.
Cruz was born in Canada and is a natural born citizen of Canada. So how can he be a NBC of two countries?
I does not reflect well at all, the words “Natural Born” were striped from the 1790 law before it ever became law.
n the naturalization study guide,
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You said it right there...NATURALIZATION which is the process by which a foreign born person applies for and becomes a citizen. It DOES NOT apply to a Natural Born Citizen who is someone born of two citizen parents and born on American soil.
Cruz has not said that being born on foreign soil to a Cuban father and American mother who were Canadian citizens, defines Natural Born Citizenship, in any case but his own.
So, was he an anchor baby to Canada? No, he was born a natural born Canadian citizen.
... Naturalization has nothing to do with Cruz; he could not be naturalized, since he was already born a citizen.
Some people are really dense!
They are propagating all of donnie’s lies, not just this one.
You’re really dense. Cruz is NOT a Natural Born Citizen.
The first naturalization act in 1790 proves that the founders regarded the issue of who is a natural born citizen to be within the purview of Congress. No, the law is no longer in force. It was re-written in 1795. The law that applies to Cruz is the naturalization act of 1952. Under that he was clearly born a citizen.
The debate comes down to whether the distinction between natural born and naturalized citizens is based on legislative acts. Some say natural born is strictly two citizen parents born in the US, and any other citizenship is “naturalized” according to whatever Congress legislates. Others say that Congress can legislate who is a citizen at birth and who can become a citizen later through whatever process Congress decides, and that being born a citizen is being a natural born citizen. While both views have merit, I think the 1780 act shows the second is what most of the founders understood the Constitution to mean when they ratified it. There is no record of dissent over the wording of this act.
Vattel wrote “The Law of Nations”, which was almost certainly the context of the founders’ choice to use the term. Vattel’s definition was children born in country of citizen parents. He also used the word “native” as the equivalent. However, he clarified that citizenship at birth was primarily based on the father’s citizenship, rather than place of birth.
My view is that Congress has the power to determine which of these factors are required to be a citizen at birth. I think if Vattel were alive today he would call Cruz a natural born citizen. If Cruz had been born in the early years of this Republic, under similar circumstances, he would not have been considered a natural born citizen. The reason for the change is how Congress and the nation has changed when it comes to women voting and holding office, and also our acceptance of dual citizenship.
Yes. When you are born to one or both American citizens parents, who are serving the USA military or foreign service, you are fully a natural born American citizen.
This was the condition of John McCain, born in Panama, when the father was on military assignment.
I presume the naturalized may not serve as president.
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You’re right as usual, Rita.
It is politics. Everyone knows the dimoKKKRATS will use the same tactics on Ted.
LOL!
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