Cruz could not be naturalized because he was born a citizen.
Only aliens can be naturalized.
Do you think that children born to American contractors and Iraqi women in Iraq are natural born citizens of the United States?
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.
That's right.
So when people say Cruz needs a naturalization law, no matter the year it was passed/enacted,
to grant/confer him citizenship...doesn't that mean he's an alien in need of naturalization?