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Quote:
Originally Posted by WaldoKitty
That will only resolve it for Illinois as that sounds like a state court.
Yep it's just a state court, not federal, and, win or lose, the decision by the court only impacts Cruz in Illinois. If Cruz loses then Illinois won't have him on the ballot, of course Cruz can appeal the courts decision if he loses. Not being on the Illinois state ballot does give Cruz the standing to have it tried in the Supreme Court.
I kinda got a kick out of the part in the article where it was said that Congress 'stuck a bandage' on the natural born issue by "by passing a "sense of the Congress" resolution" for McCain, since McCain is kind of similar to Cruz in the 'not actually born in America' part, but that they won't do it for Cruz because they just don't like him
Congress is constitutionally authorized to make citizenship law and to amend said laws. The Constitution limits the presidency to ONLY natural born citizens OR.... Citizens of the USA, at the time the Constitution was adopted in 1789. Note the word "OR". That means there are TWO options for meeting the citizenship requirement. OTHERWISE, some of our first presidents would not have been eligible to be president, even though they were founding fathers. Persons born in the USA after 1789 were recognized as citizens eligible to run for president naturally, but it also meant that persons who were born on American soil before the USA existed as an official country were thus able to run also.
The relevant law:
8 U.S. Code § 1401 - Nationals and citizens of United States at birth
This passage of the law code defines who is a citizen at birth. It includes but is not limited to persons born in the USA, i.e. natural born citizens. The definition of a citizen at birth includes several definitions besides.
There are only two types of citizens: Natural citizens at birth.... and naturalized citizens.
Ted Cruz is not naturalized. Therefore he is either a citizen a birth... or NOT a citizen at all.
And only one of these options is true. There is no assertion by anyone that he is NOT a citizen of the US. As in the case of Obama, no one seems to doubt that at least one parent of both men was born in America.
Here's the code in detail. Google it for yourself if you want to check.
8 U.S. Code § 1401 - Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe:
Provided
, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years:
Provided
, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
Thank you, this is current and controlling law today. These cases do not have a snowball's chance.
Congress is constitutionally authorized to make citizenship law and to amend said laws. The Constitution limits the presidency to ONLY natural born citizens OR.... Citizens of the USA, at the time the Constitution was adopted in 1789. Note the word "OR". That means there are TWO options for meeting the citizenship requirement. OTHERWISE, some of our first presidents would not have been eligible to be president, even though they were founding fathers. Persons born in the USA after 1789 were recognized as citizens eligible to run for president naturally, but it also meant that persons who were born on American soil before the USA existed as an official country were thus able to run also.
The relevant law:
8 U.S. Code § 1401 - Nationals and citizens of United States at birth
This passage of the law code defines who is a citizen at birth. It includes but is not limited to persons born in the USA, i.e. natural born citizens. The definition of a citizen at birth includes several definitions besides.
There are only two types of citizens: Natural citizens at birth.... and naturalized citizens.
Ted Cruz is not naturalized. Therefore he is either a citizen a birth... or NOT a citizen at all.
And only one of these options is true. There is no assertion by anyone that he is NOT a citizen of the US. As in the case of Obama, no one seems to doubt that at least one parent of both men was born in America.
Here's the code in detail. Google it for yourself if you want to check.
8 U.S. Code § 1401 - Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe:
Provided
, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years:
Provided
, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
You are assuming that "national" and "natural born citizen" are the same. Maybe they are, but maybe not. They are not the same term and law is construed narrowly, so the only think that Code section defines is national.
Personally I think that unless there is evidence that Ted Cruz's mother had relinquished her US citizenship, then he will ultimately be determined to be a natural born citizen. But there are questions of fact - voter rolls that list Mrs. Cruz as a potential voter in Canada. And questions of law which no doubt will go to the US Supreme court, because it's a Constitutional issue so despite starting off as a state suit, there will be federal court jurisdiction.
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