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 No, the law is no longer in force.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.
Why do you insist on interrupting this mudfight with reasoned commentary?
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.
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“Living” document?
Words have meanings.