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 ...
Up until 6 months ago everyone here loved Cruz. And not without reason. Why now do you with hold that love?
Cruz is a 1000 time smarter than Trump. Trumps only claim is he has a big mouth and a New York Atitude.
If Cruz isn’t nominated and Trump gets the office, this country will be finished. And all you Trump zealots will have the blood on your hands.
Et Tu Brutes.
Where did you read mom had to get papers? Missed that one.
If mom was Canadian citizen she had to rescind her American Citizenship. Once rescinded, she couldn’t get the American Citizenship back.
So you know more about what went on than George Washington who was the Chair of the Constitutional convention?
You also know more than the First Chief justiee of the Supreme Court, John Jay?
You want to know more than Benjamin Franklin who ordered three copies of The Law of Nations and letters and documents confirm that fact.
The Congress spent money to order a copy of Vattel’s Law of Nations for their own library sometime later.
Vattel is cited time after time after time ad infinitum in Supreme Court cases, but you know so much more than he did.
Yeah, uh huh. I hear ya.....babbling.
Seems poor *es fails the naturalization test because he can not read the study guide, or refused to read it. LOL! It is the essence of Ted’s case.
Neither parent were in Canada serving the interests of the USA, as in military or foreign service, nor attached to a US Territory in Canada, such as a military base or US Embassy, but they were there on their own volition, with citizen Canadian voting rights, working there and delivering baby Ted on Canadian soil, as a natural born Canadian citizen baby boy.
Also, Cruz does not argue this scenario, of the naturalization study guide, nor that it is an open question for the courts.
“Where did you read mom had to get papers?” >>>>
LOL!
Haven’t you heard? TED SAID SO!
It was called a CARPEY, or some such acronym I never heard of and no one I know knows what the hell it meant when he said it.
Cruz is mum on the subject since.
“If the children are born to US citizens and are raised in the US they are natural US citizens.”
There is no law regarding citizenship that has any thing to do with being raised in the US.
Why do you insist on interrupting this mudfight with reasoned commentary?
Missed that. Do you remember about WHEN?
Ummm, do you know how to read? That 1790 Act specifically states that it is the father (he) who must be the US citizen.
Naturalization Act of March 26, 1790 (1 Stat 103-104) That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the Constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, And President of the Senate. APPROVED, March 26th, 1790: GEORGE WASHINGTON, President of the United States
Library of Congress, Immigration & Naturalization
From 1790 to 1922, wives of naturalized men automatically became citizens. This also meant that an alien woman who married a U.S. citizen automatically became a citizen. (Conversely, an American woman who married an alien lost her U.S. citizenship, even if she never left the United States.) From 1790 to 1940, children under the age of 21 automatically became naturalized citizens upon the naturalization of their father.
And this was the law of Virginia in 1779, 10 yrs prior to the ratification of the Constitution...and completely in keeping to ALL the naturalization laws passed by the founding generations, fathers and their sons who served after them...
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.
The ONLY time the mother’s citizenship applied was if the father was deceased, or if the child was born out of wedlock.
Thought in back of my mind- is this is end game of illegal immigration - get it where anchor babies can run for office
“Natural born citizen means born here of citizen parents.
No foreign parents.
No foreign births.
No other citizenship possible.”
You do realize by this standard, that Trump isn’t qualified either as his mother was born in Scotland.
Now in reality, if you are born out of country to a US citizen who meets age and previous residency requirements (as Cruz’s mom did) the child is a citizen at birth thus considered a “Natural born citizen. ,
Trump has NEVER said Cruz is not “entitled”. Nor has he said Cruz is ineligible.
“Who Is Permitted To Be The President Of The USA? The Full Story Is Embarrassing”
It is embarrassing for the author of the article, due to the author’s obvious failure to read with comprehension.
“Some folks, including Don Trump, think Senator Cruz is not entitled to run for president because he is not a “natural born†citizen.”
Yes, and for the obvious reason Ted Cruz born with Canadian citizenship and had to acquire U.S. citizenship by naturalization at birth. Arnold Schwazenegger acquired his U.S. citizenship by naturalization, and he is not eligible to be POUTS. Ted Cruz acquired U.S. citizenship by naturalization, and he too is not eligible to be POTUS for the same reason.
“This matter was debated when John McCain ran for the office, yet it seems that the correct answers are still not generally appreciated. So…”
On the contrary, the conclusion reached by a backroom political deal between the political elites of the RNC and DNC put through a non-binding Congressional resolution to put a fig leaf over the embarrassing truth that john McCain acquired U.S. citizenship by naturalization, and he was not eligible to be POTUS due to his being a naturalized U.S. citizen and not a natural born citizen of the U.S.
“…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”.”
This is where the author become a total embarrassment in ignorance and lack of reading comprehension. First, the critical phrase was the place where the Naturalization Act of 1790 says “shall be considered as natural born Citizens;”. Anyone with reading comprehension of legal statutes knows or should know full well the modifier “shall be considered as” signifies the person is not a natural born citizen but for the purpose of establishing a legal fiction the person “shall be considered as natural born Citizen” despite not being an actual natural born citizen. In other words the Naturalization act the author is citing as proof Ted Cruz is a natural born citizen in actuality says Ted Cruz is definitely not a natural born citizen, and it instead says Ted Cruz is a naturalized citizen. Second, the Naturalization Act of 1790 was repealed five years later in 1795, and the only precedent set by that Federal statute was to demonstrate all person acquiring U.S. citizenship by the authority of that statute were in fact naturalized U.S. citizens. naturalized citizens and Ted Cruz are not eligible to be POTUS, because they are not natural born citizens and are naturalized citizens.
John McCain’s case is extraordinary. He is not a “natural-born†citizen because he was naturalized by act of Congress
“Congress was afraid that if the Zone were ever formally, tacitly or inadvertently acknowledged by Washington as US territory, the USA would be pestered by Panamanians claiming to be US citizens.”
If there were any such concerns, they were false because John McCain was not born in the U.S. Panama Canal Zone. He was born in a hospital located just outside the Panama Canal Zone in the jurisdiction of Panama. John McCain acquired U.S. citizenship by naturalization, so he is ineligible to be POTUS.
“So McCain, who should and could have been legally declared “natural-bornâ€, was naturalized instead.”
Wrong, because the Constitution has no power to grant Congress the power to confer natural born citizenship on anyone. natural born citizenship is acquired only by the inherent nature of a birth. Any form of citizenship conferred upon a person at birth or after birth by the authority of manmade statutory law, such as naturalization laws, is be definition positive law and not the natural law governing any form of natural born citizenship. No government has the Earthly power to grant natural born citizenship on any person, they can only recognize what Nature has bestowed upon a person.
“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.”
As described above Congress has no power whatsoever to create a “federal law precisely defining “natural-born”, which the Naturalization Act did not do either.
“It would be wise to meditate on why Congress erred in 1937, and then note how today’s Congress regulates citizenship. Legislative mistakes in that area live long and complex lives.”
Such comments betray the author’s abysmal ignorance of the subject by proposing actions that are an oxymoron to the very definitions of the actions being proposed.
Someone should contact the author and suggest they retract the article before they damage their credibility any more than it has already been damaged.
Naturalization is whatever Congress says it is. It is not up to the courts, the Constitution specifically says that Congress shall have Power to establish an uniform Rule of Naturalization. No such authority is given concerning Natural born status. Congress cannot give natural born citizenship to someone or take it form someone, nor can they change the definition of “Natural Born Citizen” without an amendment. It is a condition by nature.
If congress says that a person born over seas with an American parent is a citizen, it is a form of naturalization. Congress has said that a child of foreign diplomats born on American soil is not a citizen. Thus, where a person is born is not a sufficient test to decide citizenship or natural born citizenship.
There are not many factors to consider. Birthplace, citizenship of the parents and residence in some cases. This does not produce many combinations and there is only one combination that Congress has not written a law to cover.
Born on American soil of citizen parents.
Why would Congress pass a non-binding resolution to allow McCain to run for President? Because a statute would have been subject to a court challenge. So far SCOTUS has gotten it right by staying out of it. Congress could clear this up pretty fast if they wanted to but it would be embarrassing.
“There is no law regarding citizenship that has any thing to do with being raised in the US.”
That is correct. If there was a law making them U.S. citizens, that statutory law would make them naturalized citizens. The Constitution granted the Congress only certain enumerated powers, and one of those powers was “To establish an uniform Rule of Naturalization.” No government, including Congress, has any power whatsoever to “make” anyone a natural born citizen. Only Nature under the principles of Natural Law has the power to bestow the inherent properties of natural born citizenship upon a person.” Ted Cruz s a naturalized U.S. citizen, which also means he is not and by definition cannot be a natural born citizen of the U.S.
Where does it say that?
If you extend jus soli to US military bases abroad, then you have to admit any anchor babies born thereon to townies to the class of NBC.
McPain is NBC because of his parents (jus sanguinis), not because he was born on a military base (if he actually was — separate question). Same goes for Cruz!
A law that was a law before it was law! Birfer reasoning never ceases to astonish!
The significance of the 1790 law is that it demonstrates what the common understanding of the term NBC was at the time. Namely, that being a citizen due to being born abroad to Americans is to be natural born.
“Natural born citizen means born here of citizen parents.
No foreign parents.
No foreign births.
No other citizenship possible.â€
“You do realize by this standard, that Trump isn’t qualified either as his mother was born in Scotland.”
That comment is totally and utterly false. Trump’s mother was born in Scotland as a British citizen, and she renounced her British citizenship at the time she completed her application and oath to naturalize as a U.S. citizen before the birth of Donald Trump. He was born in the jurisdiction of the United States with tow parents who were U.S. citizens at the time of his birth. Consequently, he was a natural born citizen of the United States. Ted Cruz committed a truly heinous act when he claimed at the last debate that the definition being used by his opponents was a requirement for both parents to be NATURAL BORN U.S. citizens in order for the child to also be a natural born citizen. That was a cynical and deliberate attempt to use this false statement of his as a strawman argument to make his opponents look unreasonable to an audience unacquainted with the subject. It was a very slick and corrupt lawyer’s deceit. It is remarkable that people who claim to treasure conservative a religious moral values have not made Ted Cruz accountable for this glaring lie and deceit designed to mislead the voters and ridicule critics.
“Now in reality, if you are born out of country to a US citizen who meets age and previous residency requirements (as Cruz’s mom did) the child is a citizen at birth thus considered a “Natural born citizen.” totally and utterly wrong, because the naturalization Act of 1952 he used to acquire U.S. citizenship made him a naturalized U.S. citizen. Ted Cruz is a naturalized U.S. citizen, and no naturalization citizen can be a natural born citizen. In fact, Ted Cruz is not a natural born citizen of any nation; because he is a native born citizen of Canada, was eligible as a naturalized citizen of Cuba, and is a U.S. citizen naturalized at birth by the U.S. Naturalization Act of 1952.
If 1790 act is definition for natural born, why didn’t Cruz cite that as making him natural born, when asked specifically in the last debate. And why does the Constitutional requirement to hold the office, used the words ‘natural born’ .... Why does it not say eligibility requirements under the 1790 act? There is a difference in natural born and naturalized citizen... Both parents must be US citizens to ‘birth’ a natural born citizen. Cruz’s father was not an US citizen when Cruz was born in Canada...
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