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In such cases you go to a US Diplomatic Mission and it is up to them to issue a certificate of US citizenship by petition granted by the US Executive Authority ie. The Secretary of State acting for the President of the USA. .
"Section 201(g) NA and section 301(g) INA (8 U.S.C. 1401(g)) (formerly section
301(a)(7) INA) both specify that naturalization is "the conferring of nationality of a
state upon a person after birth." Clearly, then, Americans who acquired their
citizenship by birth abroad to U.S. citizens are not considered naturalized citizens
under either act. "
i just came across this from the state department while trying to find 1970 citizenship law:
"7 FAM 1131.6-2 Eligibility for Presidency
(TL:CON-68; 04-01-1998)
a. It has never been determined definitively by a court whether a person who
acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born
citizen within the meaning of Article II of the Constitution and, therefore,
eligible for the Presidency.
b. Section 1, Article II, of the Constitution states, in relevant part that ―No Person
except a natural born Citizen...shall be eligible for the Office of President.‖
c. The Constitution does not define "natural born". 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. "
Ok so...I think ...he thinks it can be successfully argued....note word argue. I don't think he would ever argue on behalf of himself. Anyway I guess it won't take long to find out with so many people knowledgeable with these things. He would of responded completely different if he 'knew in his expertise, it was flat out no. ...only a guess, if its no fox will have to say.
Last edited by stargazzer; 03-08-2013 at 12:19 PM..
Well, maybe Cruz is eligible. Lets see, Best proof would be ... ah ... birth announcement in a US newspaper would be a good start. Hmmm. Where might we find that re Cruz?
Duh!
Many children are born on military bases all over the worrd and THEIR birth notices are NOT published in ANY US newspaper.
i just came across this from the state department while trying to find 1970 citizenship law:
"7 FAM 1131.6-2 Eligibility for Presidency (TL:CON-68; 04-01-1998) a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.
b. Section 1, Article II, of the Constitution states, in relevant part that ―No Person except a natural born Citizen...shall be eligible for the Office of President.‖
c. The Constitution does not define "natural born". 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. "
that means "natural" born is no longer "operative"[ Being in effect; having force]
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