here it is folks the long awaited decision on Cruz's legal standing in NJ, note it is still up to the Secretary Of State, she can, and God willing she will, overrule the judge.
Excellent. The judge just did what needed to be done, and came to what I believe to be the correct inclusion.
Born of an American parent = born a citizen = natural born, in Cruz' case.
The judge did not directly address the distinction in the Obama case - assuming Obama was born in Kenya: that the law of the US at the time of Obama's birth, if in Kenya, would NOT have extended citizenship to him.
Indeed, the judge's opinion today would apparently assert that the natural born status of such a person was automatically required by the Constitution, and that the law of 1961 was ITSELF unconstitutional, by purporting to deny natural born status to a person who was natural born under the Common Law of England (understood broadly as including Parliamentary statutes as well as judge-made law).
The judge in this case did not need to adjudicate the question of Obama, though were his opinion to stand (as I myself believe it should) then Obama would indeed be natural born no matter where born.
Of course, this would also mean that every child of an American father, born of every whore in every foreign port, would be eligible to migrate to the US, vote, and indeed become President of the United States.
That is the inevitable result of the extent to which the judge has drawn the law here.
Regardless, Cruz will be on the NJ ballot.
I am pleased that the judge did not dodge the issue, but addressed it directly.
Now this case will be cited, perhaps to assert the natural born status of a Vietnamese whoreson, and that might in turn trigger the necessity of a ruling from the US Supreme Court which would, if Republican controlled, very probably rule that Congress had the power to limit the natural born status when regarding foreign-born children of one US parent. If Democrat controlled, one can rest assured that the foreign-born whoreson of an American sailor would be natural born, if he were popular and seeking the Democrat nomination.
Now this case will be cited, perhaps to assert the natural born status of a Vietnamese whoreson, and that might in turn trigger the necessity of a ruling from the US Supreme Court which would, if Republican controlled, very probably rule that Congress had the power to limit the natural born status when regarding foreign-born children of one US parent. If Democrat controlled, one can rest assured that the foreign-born whoreson of an American sailor would be natural born, if he were popular and seeking the Democrat nomination.
Congress has the authority to set the conditions upon which any person born overseas becomes a U.S. citizen at birth. A U.S. citizen at birth will always be a natural born U.S. citizen, be he a Vietnamese whoreson or the son of two rich citizen blue bloods.
The conclusion that Cruz is a natural born citizen, eligible for president, and will remain on the ballot is correct, albeit beyond his jurisdiction to issue. Had it been decided otherwise, he would have been so advised rapidly.
If this is appealed through to Federal court by the plaintiff(s), much of this judge's opinion will be crushed in Federal court, notably on standing, justiciability, and jurisdiction.
Congress has the authority to set the conditions upon which any person born overseas becomes a U.S. citizen at birth.
His point is that it is natural born. You can't legislate something that is natural.
I think Boris's Bruce Jenner comment was a good example.
However. I can see some people saying that since he was born to an American woman he would naturally be an American and not a Canadian. Since natural law isn't defined.
I can see both sides of the argument.
I was almost born in Germany. But my mama didn't want me to be born there. So she waited until I was born before going with my dad to Germany where he was stationed.
I think that a person born to an American woman is naturally more of an American then a wetback that giver birth in America. I would argue that they are not natural born citizens. Maybe citizens by act of congress. But not natural born.
