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"The US Constitution recognizes two (and only two) classes of citizen; natural born and naturalized. A child who is born overseas but who gains US citizenship automatically at birth under US law falls into the first category and is therefore eligible (assuming the other two criteria) for the presidency.
How does the following clause of the Constitution make the distinction you proffer?
"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;"
The Constitution was written with presumption of readership literacy.
Which may lay at the heart of your problem understanding the Constitution.
The Constitution was not written as a statute after 1970.
For god's sake what on earth is that suppose to mean?
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It had no need to distinguish between "will" and "shall".
Again, what the hell are you going on about. I asked you a set of simple questions, "where is natural born defined in the Constitution and why does the Congress not have to the power to construct that definition under the Necessary and Proper Clause?
Look, the Congress has been defining for the purposes of naturalization who is and who isn't a natural born citizen since 1790.
“An act to establish an uniform Rule of Naturalization” (March 26, 1790).
"And the children of citizens of the United States that may be born beyond Sea, or 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: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.
W
Again, what the hell are you going on about. I asked you a set of simple questions, "where is natural born defined in the Constitution and why does the Congress not have to the power to construct that definition under the Necessary and Proper Clause?
Funny how it keeps coming back to that. I have to correct myself when leaning towards saying these people are birthers since Cruz is a T.E.A. party darling and enforced by the GOP.
A common thread though is to define the Supreme Law of the Land to be that of only the Constitution + whatever definitions of words included that suit them. Often, these definitions are are based on documents written before the founding of the Republic.
They never, ever include United States Code.
People questioning qualifications based on birth seem to totally want to ignore Congress in such things. That's why they file lawsuits against Obama when only Congress can remove a president. And that's why the ignore Title 8.
I'd rather be confused with the truth then have what ever you are drinking. Cruz is not subject to his people. Again, your logic fails. Just because you want other people to believe Cruz is a Canadian subject does not make his so. Even if England or Canada agreed with you it still wouldn't make it true.
Cruz is not under the jurisdiction or subjection of Canada or any other monarchy of any kind.
This would be a fine topic for discussion if your OP wasn't conclusionary and false.
You are wrong in suggesting Cruz was born an American only and not a Canadian. If Cruz wants a Canadian passport that is his right as a dual citizen, when in Canada Cruz does come under Canadian law. Are you arguing that no Canadians are subjects of the crown ? Cruz was born a Canadian so therefore was born a subject of the Crown.
You are wrong in suggesting Cruz was born an American only and not a Canadian. If Cruz wants a Canadian passport that is his right as a dual citizen, when in Canada Cruz does come under Canadian law. Are you arguing that no Canadians are subjects of the crown ? Cruz was born a Canadian so therefore was born a subject of the Crown.
You are wrong on everything since I didn't say anything. You are saying he's a subject of the Queen because of where he was born and no American has choice who they are subject to based upon their birth.
so you saying he didnt go through the natralization process?
Yes. That is what I am saying.
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Originally Posted by Chimuelojones
1) His mother had to fill out some form to have him acknowledged as her son. He had a Candian BC. How was the world going to know he was an American? You just cant go throuh life telling everyone...My mommy is American.
This is true for everybody, regardless of where they are born. If born on US soil the "form the mother fills out" becomes a Birth Certificate. If born overseas, the "form the mother fills out" (usually) becomes a Consular Report of Birth Abroad. In all cases, born on US soil or not, an individual must document their citizenship to access the privileges and obligations thereof.
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Originally Posted by Chimuelojones
2) if upon returning to the US, His father was naturalized prior to Ted 18th birthdate...Even in this case, Ted would have had to have a green card while his father naturalized.
Nothing in those sentences is true. As a natural born US citizen, Cruz never required a green card, and his father's citizen status remains completely irrelevant to his own.
Last edited by HistorianDude; 06-16-2013 at 06:17 PM..
He was born in Canada which made him Canadian but he was born of an American parent which automatically gives him dual status? Perhaps, maybe?
I am not familiar with Cuban law, but he may very well have been born with triple-citizenship. As long as one of the three was US citizenship (and it was) then he is eligible.
For what it's worth, JFK was also born a triple citizen; US, Irish & French.
I'll take it you know more than me on the issue but wouldnt your description of American birthright negate all the birthers claims that Obama is a Kenyan?
Ignoring for just a second that Obama was born in Hawaii, had he been born in Kenya he would have been covered by the 1952 law which required the citizen parent to have lived in the US for five years after their fourteenth birthday to pass on citizenship jus sanguinis. Obama's mother would have been about four months too young.
But that doesn't matter. Since Obama was born in Hawaii, the citizenship of either of his parents is irrelevant.
You are wrong on everything since I didn't say anything. You are saying he's a subject of the Queen because of where he was born and no American has choice who they are subject to based upon their birth.
Are you saying as a CANADIAN Cruz is not a subject of the crown ? Or are you saying Cruz is not Canadian because he has an American mother ?
John McCain was born in a hospital in Colon Panama.
Actually, this is not true. The "McCain birth certificate" available on the Internet whicg makes that claim is a fake. His actual birth certificate has never been released, but at least one reporter has examined it and reported that he was born at the base hospital on the Coco Solo Submarine station.
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Originally Posted by mwruckman
There is no doubt that John McCain Jr. (Senator McCain) is a native born American because both his parents are such and we recognize en sang births as native births regardless if they happen on soil under US jurisdiction or not.
Close. McCain is a natural born citizen, but not a native born citizen. All native born citizens are also natural born citizens (making the distinction irrelevant for Presidential eligibility), but it doesn't always work the other way. It does not work that way oin McCains case.
Further, as long as one of McCains parents was a citizen, it doesn't matter if they were born or naturalized. The law has never made any distinction in terms of passing on citizenship jus sanguinis.
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Originally Posted by mwruckman
Ted Cruz is also "natural" just as long as his motrher is not a naturalized US citizen or bacame so after his birth.
Correct for the latter, incorrect for the former, and ultimately it doesn't matter since his mother was a born US citizen.
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