You are correct. I guess the issue is dead in Pennsylvania, but live for now in many more States.
It was wishful thinking on my part that there was a level of court remaining in PA. I just can’t wrap my head around judges who legislate from the bench and think they can make the Constitution mean whatever they say it means. Such judges are a danger to the fabric of America. I grew up thinking that America is a Nation of Laws and its hard to accept that the law doesn’t matter, almost like living in a banana republic.
University of Chicago Law Professor Eric Posner puts the case directly:
“To naturalize an alien is to confer citizenship status but not to somehow convert him to having been born in America; similarly, to confer citizenship by statute to someone born abroad to an American parent is not the same thing as retroactively making that person born in this country—making him natural born—which would be impossible.”
Eric Posner, Ted Cruz Is Not Eligible To Be President, Slate, Feb. 8, 2016.
Just because courts didn’t issue opinions the way you want them to doesn’t mean that the rule of law is dead. Consider the possibility that it is you who is wrong in your interpretation of the law.
“And the children of citizens who may be born beyond the sea or out of the limits of the United States shall be considered as natural born citizens...”—
The Naturalization Act of 1790.
That is totally consistent with CURRENT U.S. law on who qualifies as a Citizen of the United States At Birth:
8 U.S.C. § 1401
The following shall be nationals and citizens of the United States at birth:
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;
44 Presidents all born on American soil.
47 Vice-Presidents all born on American soil.
Along comes Raphael Cruz born in Canada. We should accept that ‘Ted’ has special privileges and is exempt from the presidential qualifications. After all, he is an esteemed Constitutional scholar and has declared himself eligible. He is the son of a foreigner who rejected American citizenship for fifty (50) years in favor of Cuban and Canadian citizenship. He is the son of an American born mother who dwelled in England and Canada for the most part of a decade of the years surrounding Ted’s birth. And his wife served on CFR and is well funded by Goldman Sachs. The most we can say about Ted’s origins is that he was born within the perimeter of the globalist dream of the North American Union.