“Until and unless courts issue a definitive ruling on what “natural born citizen” means within the context of the presidency, we have to assume that these guys are eligible to run for president.”
It has always been the tradition, as I was taught in school, before this was ever an issue, that natural born citizenship meant the parents had to be citizens.
You have it backwards; you have to assume that they are NOT eligible. Just common sense would dictate that Rubio is a joke as far as eligibility is concerned.
The Naturalization Act of 1790, much quoted, VERY CLEARLY defines natural born as one being born of citizen parents. And, that citizenship descends from the father. This pertains to what the writers of the Constitution had in mind when they inserted the natural born clause into the Constitution. Subsequent naturalization acts do not have the power to amend the Constitution.
It is absurd to think that two Cuban citizen parents in Florida could bequeath natural born United States citizenship status to their child born in Florida. Or, that a Cuban citizen father in Canada could bequeath natural born United States citizenship status to his child born in Canada.
If the offspring are citizens, they are naturalized and therefore not natural born.
If the offspring are citizens, they are naturalized and therefore not natural born.
But then, neither one was ever naturalized. Rubio was born in America and thus a citizen by birth. And Cruz, so we are told, got American citizenship through his mother.
I see what you are saying about a presumption that they are not eligible unless eligibility is demonstrated. I was coming at it from a different angle, from the standpoint that nobody is going to stop them from running.
A court action could declare them ineligible but if that happens, will happen long after this primary election season is over.
I know that this is going to disappoint all who read this comment, but the Constitution provides that Congress shall determine the definition of citizenship. In this role, Congress has modified the conditions by which a person born inside or outside the country to one (1) American citizen is, in fact, a natural born citizen. While it is true that the original understanding was that only the male parent could confer citizenship on his offspring, that definition was changed over a century ago.
I will put on my asbestos underwear now. Flame on.