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View Diary: The Curious Case of Ted Cruz and Tea Party Birthers (29 comments)

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  •  When I was a consular officer in Berlin (17+ / 0-)

    in the 80s, I issued many Consular Reports of Birth Abroad, mostly to the children of GIs stationed in Berlin.  I almost always got asked, "So, can my kid do everything except become President?"  I would reply that their child was a US citizen from birth.  Whether that would constitute a "natural born citizen", as required in the Constitution to be eligible to become President, was a question which the Courts had not determined. But, that it was possible that it could be interpreted either way.  The question was whether statutory citizenship (through the operation of laws created by Congress) could make one a "natural born citizen" in the same way the 14th Amendment citizen made one.  Personally, I think so, but, the birthers are sure going to have to stretch their understanding of citizenship to accomodate Cruz.  Of course, they have already bent themselves into pretzels trying to prove that Obama is NOT a citizen.  Why not further bend to prove that Cruz IS?

    •  I agree with the interpretation... (12+ / 0-)

      that 'natural born' simply means 'citizen from birth' and not merely the acquisition of citizenship by constitutional provisions.  After all, the first specific provision for someone automatically acquiring citizenship by birth is in the Fourteenth Amendment, which, in turn, merely restated, and formalized, the common law definition we inherited from the British and their concept of a 'natural born subject.'

      Enacting our agenda requires winning elections. Oh, and me on Facebook and Twitter.

      by Mets102 on Wed May 01, 2013 at 11:03:34 AM PDT

      [ Parent ]

      •  Was he a citizen from birth? (3+ / 0-)
        Recommended by:
        msmacgyver, Floja Roja, gfv6800

        Apparently, if he took Canadian citizenship first, then he might be considered a naturalized citizen, not a natural born citizen.

        •  He is a citizen by operation of American law... (6+ / 0-)

          If he did, at any point, hold Canadian citizenship, that is irrelevant, especially considering that U.S. law allows for dual citizenship.

          Enacting our agenda requires winning elections. Oh, and me on Facebook and Twitter.

          by Mets102 on Wed May 01, 2013 at 11:18:04 AM PDT

          [ Parent ]

          •  I am making the point that there (0+ / 0-)

            is some thought that if a person's parents take citizenship from the country in which they were born outside of the United States first and then later naturalize the child, they may have put that child into a gray area.

            I don't know this guy's life history other than the fact that his Canadian birth seems to be something that a lot of people point out about him whenever they write about him.

            I know a baby that was born outside of the country that had a hell of a time becoming a citizen of the US even though her father was American.  That all went down ten years ago or so. The place where she was actually born did not confer any status on children whose parents weren't citizens of that country - she was without a country for a while.  Actually, the Canadians were quicker to respond and give her papers, but it took more than a year to work it out in the US.  Our immigration laws from the outside are no where near as easy to navigate than we might think they are.

    •  Thanks! (5+ / 0-)
      The question was whether statutory citizenship (through the operation of laws created by Congress) could make one a "natural born citizen" in the same way the 14th Amendment citizen made one.  Personally, I think so, but, the birthers are sure going to have to stretch their understanding of citizenship to accomodate Cruz.  Of course, they have already bent themselves into pretzels trying to prove that Obama is NOT a citizen.  Why not further bend to prove that Cruz IS?

      When someone is impatient and says, "I haven't got all day," I always wonder, How can that be? How can you not have all day? George Carlin

      by msmacgyver on Wed May 01, 2013 at 11:16:56 AM PDT

      [ Parent ]

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