Posted on 02/19/2016 11:30:09 AM PST by Coronal
Not along ago, Illinois pharmacist and attorney Lawrence Joyce began to realize his country and his political party were facing what he considered to be a nightmare.
Concerns about the eligibility for the presidency of Republican candidate Sen. Ted Cruz, Texas, who was born in Canada to a Cuban father and an American mother, were raised by rival Donald Trump. Though they may at first have seemed laughable, the legal case against Cruz was one Joyce, a Ben Carson supporter, thought he understood.
The Constitution requires the president to be a "natural born" citizen of the United States, and as far as Joyce is concerned, Cruz isn't one.
(Excerpt) Read more at chicagotribune.com ...
Big establishment appointeesj
You donate you get plumb jobs.
We already have a foreign born _res__ent.
He can’t prove he was born here because the doc is a forgery.
He has yet to show an authentic document showing a U.S. birth.
Understand that primaries are not federal affairs, they are state affairs as they are ultimately deciding on who will be their electors.
The Constitution does not specifically say that children born to US citizens outside the US are automatically citizens - true.
But the Constitution DOES say who gets to decide that in Article 1 Section 8 by specifically enumerating Congress with establishing the rules of naturalization. Further in the very first Acts of Congress, the naturalization act of 1790 was passed that set the precedence for children born to US citizens overseas shall be natural born citizens. Now some try and argue that the act of 1790 was repealed and replaced and that is true, but those acts have also be repealed and replaced. Several times in fact. Until you get to the current law as expressed in USC Title 8 Section 1401 - Nationals and Citizens of United States at birth.
Rather than go to some book published by some author, lets go directly to the Constitution
Article 1 Section 8
https://www.law.cornell.edu/constitution/articlei
“To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;”
That is where Congress receives the authority to establish who is a citizen at birth and has done so since the first Congress. Further, the current code for who is a citizen at birth is:
https://www.law.cornell.edu/uscode/text/8/1401
Of natural-IZATION.
And hence comes the question. What’s natural born. Naturalized-born? Do we have an orphan category here?
Well we at least have the awkward possibility that someone who is, er, naturalized-born might lose that privilege. It happened in 1970 with Bellei. Wouldn’t be too cool if it could happen to Cruz.
“And, what about military families? My niece was born in Germany to a military man. What about her?”
The law has always been that persons of government service are not subject to foreign law but to US law, and are therefore within the jurisdiction of the US at all times anywhere. So, your niece would be by birth a US citizen.
btw, John McCain was born in 1936.
I keep citing the Constitution that enumerated Congress with the full authority over all rules of naturalization. That includes who is an alien, who is a citizen, when naturalization occurs (after birth)
Ted Cruz is a natural born citizen via the inheritance of citizenship from his mother.
US code says otherwise and that is where we have our disagreement. You selectively quote from opinions contained with a court case but ignore the existing code and laws that have changed since those court cases. I quote from the current code which is composed of all amendments, treaties, laws, and acts of congress.
If you don’t like the current law, fine. Elect those that will change it to your interpretation.
Naturalization is defined in USC Title 8 section 1481 subsection A part (23) [https://www.law.cornell.edu/uscode/text/8/1101] as:
(23) The term “naturalization” means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
Note the qualifier “after birth”. One’s citizenship at birth is what determines NBC status. If one’s citizenship is inherited from a parent(s), then one is naturally born a citizen. This is the case of Sen Cruz who inherited his citizenship from his mother when he was born.
However, of one must be naturalized, they can not qualify as an NBC.
You selectively listed only part of the title. The second part “Nationality” is also relevant. Title 8 does not ONLY deal with aliens. In fact, USC Title 8 section 1401 defines nationals and citizens from birth.
I’d rather have Cruz who loves this country.
US Code..8... The Cooly Trade.
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