What does “touched on the issue” mean? It means in relation to another matter but included. I said touched on the issue. I also said the Supreme Court has been sidestepping taking the issue of NBC on.
I deal in the facts. The facts are that the 14th amendment has nothing to do with the natural born citizen issue. Most people erroneously believe it does. That was not the intent and the words natural born citizen do not appear in the 14th amendment. Section 5 gives Congress the power to legislate enforcement of the the 14th amendment but not the natural born citizen requirement for presidential eligibility which is separate and apart from the 14th amendment.
Up until the 2008 presidential election where both parties wanted to run a candidate with eligibility issues it was implicitly understood that the President had to be born in the US of two US parents which is why the only President elected until Obama who did not meet that requirement was Chester A. Arthur. He managed to hide the fact that his father who was from Ireland was not naturalized at the time of Arthur’s birth. Otherwise he would not have been let on the ballot.
The Congress is not going to decide the issue of the definition of NBC. That is for the Supreme Court.
“I deal in the facts.”
I wish you did, but you do not.
“The facts are that the 14th amendment has nothing to do with the natural born citizen issue.”
Yes it does, it empowers Congress to define who is a citizen, under what circumstances, and when. See Section 5.
“That was not the intent”
The intent is not relevant. What the 14th Amendment SAYS is relevant. The intent is only considered if the text is not clear.
” and the words natural born citizen do not appear in the 14th amendment.”
But the 14th Amendment gives Congress unlimited power to define citizenship. So yes, in effect, “natural born citizen” is in the 14th Amendment.
“Section 5 gives Congress the power to legislate enforcement of the 14th amendment”
which is the definition of citizenship.
The 14th Amendment defines citizenship.
Section 5 gives Congress the power to implement citizenship.
Whenever an issue is unclear, that is when implementing requires definition.
You cannot implement without clearing up any uncertainty.
“but not the natural born citizen requirement for presidential eligibility which is separate and apart from the 14th amendment.”
SAYS WHO?
That’s not how the Constitution is read, applied, or interpreted by the courts.
When Congress wields authority delegated to it under the Constitution, that is treated VERY BROADLY — always.
So if Congress defines natural born citizen — which the 1st Congress did in 1790 (including 20 members of congress who helped write the Constitution) — no court will dispute Congress’ vast power to do so.
“The Congress is not going to decide the issue of the definition of NBC. That is for the Supreme Court.”
The Supreme Court is going to defer to Congress.
Congress has defined “natural born citizen” since 1790.
20 of the people who wrote the Constitution were in Congress and voted for the 1790 bill that included people born in other countries as “natural born citizens.”
The US Supreme Court is going to defer to Congress.