Obama’s birthplace was the least of our problems with him!!!
That’s not the point. Many of the same people who say it’s perfectly okay for Cruz to have been born in Canada said Obama wasn’t eligible because he was born in Kenya. The only difference is Obama would not admit he wasn’t born in the US.
It is significant to note that in a more recent case, in 2001, the Supreme Court indicated that under
current law and jurisprudence a child born to U.S. citizens while living or traveling abroad, and a
child born in the geographic United States, had the same legal status.
In
Tuan Anh Nguyen v. INS, 162
the Court explained that a woman who is a U.S. citizen living abroad and expecting a
child could re-enter the United States and have the child born in the United States, or could sta
abroad and not travel back to this country and have the child born abroad, and that the child in
either case would have the same status as far as U.S. citizenship: [T]he statute simply ensures equivalence between two expectant mothers who are citizens
abroad if one chooses to reenter for the child
s birth and the other chooses not to return, or
does not have the means to do so.
163
Concerning the contention made in earlier cases
that everyone who is made a citizen only by
federal statute is a naturalized citizen (even those who are made citizens at birth by statute), it
may be noted that the common understanding and usage of the terms naturalized and
naturalization, as well as the precise legal meaning under current federal law, now indicate that
someone who is a citizen at birth is
not considered to have been naturalized.
164
Justice Breyer, for example, dissenting on other grounds in Miller v. Albright, explained that this kind of
citizenship, that is, under statutes that confer citizenship at birth, was not intended to
involve[ ] naturalization, citing current fe
deral law at 8 U.S.C. Section 1101(a)(23).
165
The Supreme Court recently recognized in
Tuan Anh Nguyen v. INS,
that federal law now specifically
defines naturalization as the conferring of nationality of a state upon a person
after birth,16
http://fas.org/sgp/crs/misc/R42097.pdf