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Have you forgotten that we declared INDEPENDENCE from England? The FFs framed a very different government, legislature, court system, etc., than England's, yet you want to insist that after fighting a bloody revolution, declaring independence, and setting up completely different governmental structures that they just adopted English law?
Bellei was found to NOT be a US citizen, by the way.
Cruz just simply did not meet any of the requirements under Public Act 414, Sec 320, in effect at the time of his birth to acquire US citizenship at birth. He would have had to have naturalized as a minor via immigration of a US citizen's close relative (his mother), or at age 18+ on his own. Naturalized citizens are not natural born.
Furthermore, after the 1790 Act was repealed in 1795, Congress never legislated that those born abroad to US citizen parents were "natural born citizens" for Constitutional eligibility purposes. The last attempt to do so in 2004, failed. 2004 Senate bill 2128.
You're selectively quoting and ignoring one very important part of that case that contrasts what we're talking about:
Quote:
Congress first has imposed a condition precedent in that the citizen parent must have been in the United States or its possessions not less than 10 years, at least five of which are after attaining age 14. It then has imposed, as to the foreign-born child himself, the condition subsequent as to residence here. The Court already had emphasized the importance of residence in this country as the talisman of dedicated attachmen
A contrary holding would convert what is congressional generosity into something unanticipated and obviously undesired by the Congress. Our National Legislature indulged the foreign-born child with presumptive citizenship subject to subsequent satisfaction of a reasonable residence requirement, rather than to deny him citizenship outright, as concededly it had the power to do, and relegate the child, if he desired American citizenship, to the more arduous requirements of the usual naturalization process.
The plaintiff is not stateless. His Italian citizenship remains. He has lived practically all his life in Italy. He has never lived in this country; although he has visited here five times, the stipulated facts contain no indication that he ever will live here. He asserts no claim of ignorance or of mistake or even of hardship. He was warned several times of the provision of the statute and of his need to take up residence in the United States prior to his 23d birthday.
The whole basis of that case was that he didn't meet what the court saw a a generous requirement to obtain citizenship for those born abroad and ignored warnings that he didn't meet those obligations.
I'm losing interest in this, you're so dead set on being right you're bending things to prove your point.
The whole basis of that case was that he didn't meet what the court saw a a generous requirement to obtain citizenship for those born abroad
Actually, that's EXACTLY my point. The circumstances of Cruz's birth fail to meet any of the requirements of Public Act 414, Sec 301 which was in effect at the time of his birth.
Last edited by InformedConsent; 01-21-2016 at 08:01 AM..
Cruz and Obama situations are pretty similar (both born to US citizen mothers). Why did Obama took years and years to settle but Cruz's citizenship is portrayed as a nonissue right off the bat?
Likely because Obama's situation is being accepted as practical law interpretation and Cruz's situation is so similar. Precedent is the major interpretive factor in reading law.
IF Cruz is determined to be legally ineligible, what should that mean to us with respect to Obama? Did we have an illegitimate president or should his presidential actions be voided since he would now be considered ineligible for office too?
Have you forgotten that we declared INDEPENDENCE from England? The FFs framed a very different government, legislature, court system, etc., than England's, yet you want to insist that after fighting a bloody revolution, declaring independence, and setting up completely different governmental structures that they just adopted English law?
Bellei was found to NOT be a US citizen, by the way.
Cruz just simply did not meet any of the requirements under Public Act 414, Sec 320, in effect at the time of his birth to acquire US citizenship at birth. He would have had to have naturalized as a minor via immigration of a US citizen's close relative (his mother), or at age 18+ on his own. Naturalized citizens are not natural born.
Furthermore, after the 1790 Act was repealed in 1795, Congress never legislated that those born abroad to US citizen parents were "natural born citizens" for Constitutional eligibility purposes. The last attempt to do so in 2004, failed. 2004 Senate bill 2128.
And more importantly, what really matters in the US Code of Law on the subject, active since 1952.
That would take precedence over any law established 200 years in the past.
"Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents."
this was an indiana appeals court decision. unfortunately the birthers dropped the ball and didn't appeal this to the SCOTUS ( my guess is that the SCOTUS would have upheld the decision ).
Cruz was not born within the borders of the United States. He is Canadian.
From your link:
"We reiterate that we do not address the question of natural born citizen status for persons who became United States citizens at birth by virtue of being born of United States citizen parents, despite the fact that they were born abroad. That question was not properly presented to this court. Without addressing the question, however, we note that nothing in our opinion today should be understood to hold that being born within the fifty United States is the only way one can receive natural born citizen status".
And more importantly, what really matters in the US Code of Law on the subject, active since 1952.
Exactly. According to Public Act 414, Sec 301 which was in effect at the time of Cruz's birth in Canada, he didn't qualify for citizenship at birth. Cruz is not a natural born citizen, and isn't even a US citizen at all unless he naturalized as a minor via immigration as a close relative to a US citizen (his mother) or naturalized himself at age 18+.
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