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I haven't been a big proponent of this birther business with Cruz except that I enjoyed the irony of it all. This morning, though, I saw a piece on CNN that made it clear that the "framers" back in the 1790s clarified that foreign born citizens were not "natural" born citizens. One must be natural born to be eligible. Cruz is not.
And since the State Department is qualified to pass judgement on citizenship
They're not qualified to do so. They just advise according to current law. There is NO current law stating that those born abroad to US citizen parents are NBCs.
The only Federal Statute that declared those born abroad to US citizen parents to be considered the same as NBCs was repealed in 1795.
The last attempt (in 2004) to declare those born abroad to US citizen parents to be NBCs for Constitutional Presidential eligibility purpose never made it out of the Senate Judiciary Committee and didn't pass. Therefore, it never became law.
Quote:
SEC. 2. DEFINITION OF "NATURAL BORN CITIZEN."
(a) In General.--Congress finds and declares that the term "natural born Citizen" in Article II, Section 1, Clause 5 of the Constitution of the United States means--
(1) any person born in the United States and subject to the jurisdiction thereof; and
(2) any person born outside the United States--
(A) who derives citizenship at birth from a United States citizen parent or parents pursuant to an Act of Congress; or
(B) who is adopted by 18 years of age by a United States citizen parent or parents who are otherwise eligible to transmit citizenship to a biological child pursuant to an Act of Congress.
So whom am I to believe? InformedConsent or InformedConsent?
The State Dept determines citizenship according to current Federal Statutes. It does not determine NBC status for Constitutional Presidential eligibility, however, which is a higher level of qualification. And the State Dept document I linked in my post implies exactly such.
The State Dept determines citizenship according to current Federal Statutes. It does not determine NBC status for Constitutional Presidential eligibility, however, which is a higher level of qualification. And the State Dept document I linked in my post implies exactly such.
Right......
The State Department is an authority on citizenship when it suits InformedConsent, but not when it doesn't.
And just for future reference, it's not technically possible to "imply exactly". It's sort of like saying "vague specifics".
The State Department is an authority on citizenship when it suits InformedConsent, but not when it doesn't.
I don't make that determination. The US State Department itself did:
Quote:
The “Act to establish an Uniform Rule of Naturalization”, enacted March 26, 1790, (1 Stat. 103,104) provided that, “...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.”
d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.
However, there is NO current Federal Law which states that those born abroad to US citizen parents are NBCs.
There was an attempt to define those as such in 2004, but as I already posted, that attempt failed.
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, the State Dept DOES in fact have the authority to determine citizenship.
