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Title: Lawyers say Canadian-born Cruz eligible to run for president
Source:
FoxNews
URL Source: http://www.foxnews.com/politics/201 ... eligible-to-run-for-president/
Published: Mar 14, 2015
Author: Dan Gallo
Post Date: 2015-03-14 09:30:11 by cranky
Keywords: None
Views: 5700
Comments: 38
Sen. Ted Cruz, R-Texas, speaks at the International Association of Firefighters (IAFF) Legislative Conference and Presidential Forum in Washington. While questions about Canadian-born Sen. Ted Cruz’s eligibility to be president haven’t drawn much attention, two former Justice Department lawyers have weighed in with a bipartisan verdict: Cruz, they say, is eligible to run for the White House.
Neal Katyal, acting solicitor general in the Obama administration, and Paul Clemente, solicitor general in President George W. Bush’s administration, got out in front of the issue in a Harvard Law Review article.
“There is no question that Senator Cruz has been a citizen from birth and is thus a ‘natural born Citizen’ within the meaning of the Constitution,” they wrote.
Anti-Cruz “birthers” had questioned the Texas Republican senator’s eligibility to be president, challenging his citizenship status because he was born in Canada. Two years ago, Cruz released his birth certificate showing his mother was a U.S. citizen born in Delaware, presumably satisfying the requirements for presidential eligibility as a “natural born citizen.”
The law review article, “On the Meaning of ‘Natural Born Citizen”, asserts that the interpretation of the term was settled in Cruz’s favor as early as the 1700’s. The lawyers wrote that the Supreme Court has long used British common law and enactments of the First Congress for guidance on defining a “natural born citizen.”
“Both confirm that the original meaning of the phrase ‘natural born Citizen’ includes persons born abroad who are citizens from birth based on the citizenship of a parent,” they wrote. They concluded someone like Cruz had “no need to go through naturalization proceedings,” making him eligible. Cruz is still weighing a presidential run.
Last month, Cruz addressed the citizenship issue during a question-and-answer session with moderator Sean Hannity, of Fox News, at the Conservative Political Action Conference. “I was born in Calgary. My mother was an American citizen by birth,” Cruz said. “Under federal law, that made me an American citizen by birth. The Constitution requires that you be a natural-born citizen.”
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Begin Trace Mode for Comment # 33.
#1. To: cranky (#0)
So even if Obama was born in Kenya he meets the requirement. How about that? Boy, how opinion changes when it's "our" guy, huh?
Boy, how opinion changes when it's "our" guy, huh? There is a difference. Cruz's father had legal status to be in the U.S. Obama's father did not.
Legal status? WTF does that have to do with U.S. citizenship? When Ted Cruz was born in Canada, his father had Canadian citizenship. Seems to me that Canada could just as easily say that since Ted Cruz was born on Canadian soil to a Canadian father, he's a natural born Canadian citizen. No?
Seems to me that Canada could just as easily say that since Ted Cruz was born on Canadian soil to a Canadian father, he's a natural born Canadian citizen. No? Do you think that wet wetbacks are more of a citizen then a U.S soldier who would happen to have his child born in say Germany? Here is what it has to do with. I read an article a few years ago that made that point better then I did. Cruz 2016 if you want your country back.
You're confusing "citizen" with "natural born citizen". According to the 14th amendment, a child born on U.S. soil is a natural born citizen, regardless of the citizenship of their parents. In my opinion, it's time to modify that amendment by adding the phrase "... born to a least one citizen parent".
That's weird. My copy of the US Constitution doesn't have the phrase 'natural born' in the Fourteenth Amendment.
I'm betting your copy of the U.S. Constitution doesn't have a lot of things in it that the U.S. Constitution nevertheless addresses. The 14th amendment does say a child born on U.S. soil is a citizen, correct? And being born on U.S. soil makes the child natural born. Put 'em together and they spell "Mother". Certainly if you have another defition of natural born, I'd like to know where you got it from. ("Out of your ass" does not count.)
No, it doesn't. And the Fourteenth Amendment doesn't say it does. If it did, the Snyder Act would not have been necessary.
[cranky] No, it doesn't. And the Fourteenth Amendment doesn't say it does. misterwhite is correct with the sole exception of those few who enjoy diplomatic immunity and therefore are not subject to the jurisdiction of the United States. The children born of diplomats who have immunity are born with immunity. For some time, Indian tribes on reservations were not considered within the territory and jurisdiction of the U.S. The child born of an illegal alien at a detention center awaiting deportation is a natural born U.S. citizen. The child is born within the territory and jurisdiction of the United States.
Wrong. That's an anchor baby, 14th amendment citizen. Not a natural born US citizen. Willard M. Romney is not a total anchor baby, since his illegal alien father (Michigan governor George Romney) married a Gringa, and he was born in the US. No way is he a "natural born US citizen", either. Mitt's loyalties clearly lie with Chihuahua, not Massachusetts.
Wrong. There are two types of citizens. Natural born and naturalized. Natural born citizens are citizens at birth. All others become citizens at some later time via the naturalization process. https://supreme.justia.com/cases/federal/us/169/649/case.html United States v. Wong Kim Ark, 169 U.S. 649, 702-03 (1898) http://supreme.justia.com/us/401/815/case.html U.S. Supreme Court http://www.state.gov/documents/organization/86755.pdf Home » Under Secretary for Management » Bureau of Administration » Office of Directives Management » FAM / FAH » Foreign Affairs Manual » 7 FAM - Consular Affairs » 7 FAM 1100 ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY 7 FAM 1100 ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY 7 FAM 1116.2-1 Subject at Birth to U.S. Law (TL:CON-64; 11-30-95) a. Simply stated, “subject to the jurisdiction” of the United States means subject to the laws of the United States. b. In U.S. v. Wong Kim Ark, 169 U.S. 649 (1898), the U.S. Supreme Court examined at length the theories and legal precedents on which the U.S. citizenship laws are based and, in particular, the types of persons who are subject to U.S. jurisdiction. After doing so, it affirmed that a child born in the United States to Chinese parents acquired U.S. citizenship even though the parents were, at the time, racially ineligible for naturalization. The Court concluded that: c. Pursuant to this ruling, it has been considered that: (1) Acquisition of U.S. citizenship generally is not affected by the fact that the parents may be in the United States temporarily or illegally; and that (2) A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child’s parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States.
There are no replies to Comment # 33. End Trace Mode for Comment # 33.
Top • Page Up • Full Thread • Page Down • Bottom/Latest"Both confirm that the original meaning of the phrase ‘natural born Citizen’ includes persons born abroad who are citizens from birth based on the citizenship of a parent”
#2. To: misterwhite (#1)
So even if Obama was born in Kenya he meets the requirement. How about that?
#3. To: A K A Stone (#2)
There is a difference.
Cruz's father had legal status to be in the U.S.Obama's father did not.
#4. To: misterwhite (#3)
Legal status? WTF does that have to do with U.S. citizenship? When Ted Cruz was born in Canada, his father had Canadian citizenship.
#5. To: A K A Stone (#4)
"Do you think that wet wetbacks are more of a citizen then a U.S soldier who would happen to have his child born in say Germany?"
#13. To: misterwhite (#5)
According to the 14th amendment, a child born on U.S. soil is a natural born citizen
#16. To: cranky (#13)
"My copy of the US Constitution doesn't have the phrase 'natural born' in the Fourteenth Amendment.'
#26. To: misterwhite (#16)
And being born on U.S. soil makes the child natural born.
#29. To: cranky, misterwite (#26)
[misterwhite] And being born on U.S. soil makes the child natural born.
#32. To: nolu chan, 14th amendment citizen, natural anchor baby (#29)
(Edited)
The child born of an illegal alien at a detention center awaiting deportation is a natural born U.S. citizen
#33. To: hondo68 (#32)
Wrong. That's an anchor baby, 14th amendment citizen. Not a natural born US citizen
The Fourteenth Amendment of the Constitution . . . contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory; or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
Rogers v. Bellei, 401 U.S. 815 (1971) We thus have an acknowledgment that our law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.
7 FAM 1116.2 "Subject to the Jurisdiction" of the United States
The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.
Replies to Comment # 33.
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