Michael Ramsey:
At Balkinization, Sandy Levinson has this amusing post on the statutory aspects of the matter (with interesting twists and turns in the updates and comments). And Garrett Epps has an interesting piece inThe Atlantic on the English practice of naturalizing potential monarchs, which the framers wanted to avoid:Would the Founders Have Cared Where Ted Cruz Was Born?
I think Ted Cruz is a natural born citizen. But it’s a mystery to me why any one thinks it’s an easy question. Consider:
(1) The argument is that anyone who is born a citizen is a natural born citizen. But that’s a questionable claim on its face, because it ignores the word “natural”. A purely textual reading would demand that there must be some “born citizens” who are not “natural” born citizens, or the word “natural” would be superfluous (violating the “Surplusage Canon,” see Scalia & Garner, Reading Law, pp. 174-75).
(2) The argument is that Senator Cruz is a “natural born citizen” because a statute made him a citizen at birth. The ordinary meaning of “natural” in this context is exactly to the contrary, however. “Natural” means the opposite of “created by statute”: for example, natural law versus statutory law; natural rights versus positive rights; natural person [an individual] versus legal person [a corporation or other entity]. So this view also violates the “Ordinary-Meaning canon” (Scalia & Garner, pp. 69-70).
(3) As to history, it seems fairly clear that the original meaning of “natural born subject” (that is, what it first meant, though not necessarily what it meant in the eighteenth century) in English law was a person born within sovereign territory. And a person in Senator Cruz’s position (born abroad to a citizen mother and a non-citizen father) would not have been born an English subject even under eighteenth-century English statutory law, which gave natural-born-subject status to people born abroad whose fathers were English subjects. (See Henry Henriques, The Law of Aliens and Naturalization, pp. 33-44). Further, continental scholars such as Vattel, who thought a child’s citizenship followed the citizenship of the parents rather than the place of birth, also thought it was the fathers’ citizenship that mattered (Vattel, Law of Nations, book I, sec. 219 (referring to the “law of nature” as establishing this)). Thus there is no supporting historical practice prior to 1789.
This from the article should be included:
Most of the nations of the world accept nearly the same provisions. Including Mexico. All children of a Mexican parent who are born abroad are by Mexican law considered natural born citizens of Mexico.
Ditto
IT MADE ME THINK OF THAT OLYMPIC WINNER
it must be why a couple of years ago, a winner AT OLYMPIC GAMES, residing in the USA AND WINNING THE MEDAL FOR THE USA, DECIDED TO UNWRAP THE FLAG OF MEXICO WHERE HE WAS BORN,
HE MUST HAVE BEEN STILL A CITIZEN OF MEXICO, AND WANTED THEM TO BE HONORED BY HIS VICTORY,
BYE
As a Constitutionalist, a natural born citizen is a person who was born to TWO United States citizens. If that person was born in another country it is pretty much irrelevant (unless perhaps you decide to have dual citizenship) as long as your parents were United States citizens at birth, you are natural born.
Jindal was born in the US, to two Asian Indian citizens. Rubio was born in the US to two Cuban citizens. They are NOT eligible to run for president and/or VP. Cruz was born in Canada to a mother who is a US citizen, however the kicker is that his father was not a US citizen at the time of his birth. IF both his parents were US citizens when he was born, it would be a different story. Both Jindal and Rubio know they are not eligible. This is the reason every time Hannity or someone else would bring up the subject to Rubio, he would talk about something else.
Now. if you think the obama ass kissing media is going to allow a Republican to do what barry did, you are sadly mistaken. They have already taken to the airwaves about Cruz. I would surmise those on the hill that know barry isn’t eligible are going to remain silent especially if they are up for re election.
@enchanted:
Perhaps you can give us the part of the Constitution that states that; you know, as a Constitutionalist.
enchanted
hi,
how about if he was in the womb already,
does it legitimate him ?
@retire05:
I love coming to this site, there are so many smart asses that post. The requirement stated in the Constitution was intended to protect the nation from foreign influence. Section 1 of Article Two of the United States Constitution and the twelfth amendment. Now if you truly believe that anyone born in the country (USA) is eligible Anwar Al-Awlaki who was born and educated in the US and a senior al qaeda could run and become president. Think about it.
enchanted
yes and yet they manage to elect one without asking question, NOT ONE,
and look at AMERICA NOW,
YOU ARE RIGHT ALL ALONG,
but the PEOPLE FOLLOWED BAD BIG MOUTHS WHO SOLD THEM SHIT.
ALL WENT INTO A FRENZY FOR THE SONG,
EXCEPT THE CONSERVATIVES, WHO CAME NOT WITH A SONG, BUT WITH REAL TRUE AMERICANS
WHO CAME TO REALLY SERVE AMERICA, THEY WHERE ALL GOOD AND WILLING AND READY, HUMBLY SEEKING THE COMMAND OF THIS GREATEST NATION,
TO MEET THEIR CHALLENGE WHICH IS TO PROTECT AMERICA THE CONSTITUTION
AND THE BILL OF RIGHTS AND THE COMMERCE CLAUSE FROM CENTURY,
THE PEOPLE HAD MANY CHOICE, LOOK WHO CAME IN,
@enchanted:
And then we have the dumb asses that come here and make statements they can’t back up; i.e.
If you’re going to base your statement on “intention”, then you need to back it up.
OK, so where in Section I, Article II or the 12th Amendment, is there anything about TWO citizen parents? Quote the Constitution to prove your claim.
@enchanted:
Yes, Anwar Al-Awlaki would have been an “eligible” citizen, as would the children of the now deposed Morsi. Education has nothing to do with anything when it comes to citizenship.
If you are a “Constitutionalist,” you are a poor example.
Ted Cruz is a natural born citizen of Canada, his place of birth and home for the first 4 years of his life. His father was a Cuban citizen who became a naturalized citizen of Canada. His mother was apparently some sort of defector, who abandoned the country of her birth after marrying a former Cuban revolutionary. Come to think, I’ve never actually seen a copy of Cruz’s mother’s birth certificate, on which his alleged U.S. citizenship depends.
Greg
one thing you can be sure is that TED CRUZ IS NOT A LIAR,
AND WE ALWAYS CAN DEPEND ON HIS WORD,
IT’S NOT WHAT WE CAN SAY ABOUT YOU, AND THOSE OF YOUR BRAND,
When Cruz runs for president this might, maybe, be relevant.
Until then it is just a way to distract from real candidates with horrid issues…..
###A comptroller wannabe who loves to pay for sex and lives separately from his ”wife.”
###A mayor wannabe who exposes himself to near-strangers.
That one has been reduced to hiring crowds from Crowds on Demand to provide “supporters” for his events.
###A wannabe president who let her cheating husband walk all over her, even being his attack dog when his ”bimbos erupted.”
Her other baggage includes lying about Benghazi.
So, is Cruz a “Natural Born Citizen?”
Yes.
And he’s a terrific debater and speaker, too.
@Greg:
ROTFLMAO
Greggie has become a “birther.”
His mother was apparently some sort of defector, who abandoned the country of her birth after marrying a
former Cuban revolutionaryan Indonesian.There, fixed it for you, Greggie.
@Greg:
Typically Greg makes silly claims he can’t back up.
His campaign may not have known Cruz had dual citizenship, as Cruz says that he didn’t realize that he was also a Canadian citizen. As after the age of four he was further raised in America, so he may be correct. How much do you remember of your life before the age of four?
Ted Cruz Eligible to be President?
if only GINGRISH would have stayed till the end,
NO ONE WOULD HAVE MATCH WITH HIS WIT IN A CONFRONTATION,
HE COULD HAVE DEBATE THE DEVIL SO GOOD HE WAS,
BUT HE SCARED SOME PRUDE VOTERS BY BEING SO STRAIGHT, HE WAS SO RIGHT, BUT IT’S MORE SCARY NOW THAN WHAT GINGRISH WOULD HAVE DONE,
AND WELL PREPARE TO DESTROY THE MINION FROM ABROAD,
AND ALL HIS MONEY COMING FROM THEIR POCKET OVERSEA,
OOPS THAT WAS A SECRET, HE HAD TO HIDE IT WELL,
SARAH PALLIN KNEW IT
Gosh.
Cruz’s dad a radical Cuban.
His mom a sympathizer of radicals from Cuba.
Raised with an international background.
Sounds like a liberal’s dream of a candidate!
I bet he gets quite a few crossover votes IF he runs!
@Nan G:
dad a
radical CubanMarxist Kenyan.His mom a sympathizer of
radicalsMarxists fromCubaKenya.Raised with an international background.
Fixed it.
His mother was apparently some sort of defector, who abandoned the country of her birth after first marrying a Kenyan Marxist revolutionary and later a Indonesian who she divorced but then she stayed out of the United
States most of the rest of her adult life.
retire05
until she got sick and returned to the STATES,
That’s because Catherine Frazier isn’t very knowledgeable. How could Cruz not have been a Canadian citizen? He was born in Canada. His father was a naturalized Canadian citizen, who didn’t become a citizen of the United States until 35 years later. Even if his mother really is a U.S. citizen, that’s only 1 out of 3. Ted’s got to be at least 2/3 Canadian. If you put him in a ranger hat and red mountie jacket, this would be immediately apparent to anyone who saw him.
If he can’t produce his mother’s birth certificate, I think he should be immediately deported back to his Canadian homeland.
During the 2nd Session of the 37th Congress in 1862, Rep. John Bingham of Ohio, the principal author of the first section of the Fourteenth Amendment, defined ‘natural-born citizen’ on the House floor and no one disputed his definition. In fact no one has disputed his definition on the House or Senate floor since. The definition of ‘natural-born citizens’ remains as follows:
“The Constitution leaves no room for doubt upon this subject. The words ‘natural-born citizen of the United States’ occur in it, and the other provision also occurs in it that ‘Congress shall have power to pass a uniform system of naturalization.’ To naturalize a person is to admit him to citizenship. Who are natural-born citizens but those born within the Republic? Those born within the Republic, whether black or white, are citizens by birth – natural-born citizens. There is no such word as white in your Constitution. Citizenship, therefore, does not depend upon complexion say more than it depends upon the rights of election or of office. All from other lands, who, by the terms of your laws and a compliance with their provisions becomes naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural-born citizens.”
SECRETARY KERRY did not mention ABOUT THE REBELS WHO EAT THE LIVER OF THOSE
FROM THE OTHER SIDE THEY CATCH AND KILL AND PROCEDED TO CUT OUT THE LIVER, SO TO EAT IT,
REMEMBER LIBYA, IT WAS DONE THERE BY REBELS ALSO,
@Greg:
Nonsense Greg. Cruz has Dual Citizenship as a narural-born in both nations unless he officially renounces one or the other. This is quite common. We have seen no proof of your claim that his mother defected to Canada or that she renounced her US citizenship. His mother never became a Canadian citizen.