Nay I say NewEnglander! Although ye be in the correct area ye are incorect!
The definition was removed but not changed.
The meaning of of the term Natural Born Citizen as described by the founding fathers still stands.No amendment has been ratified to describe or update a new meaning therfore the definition has not changed.
The intent of the law still stands.
The Term Natural Born Citizen is still a requirement. One is not allowed by law to redefine its meaning simply because the definition was removed in error.(or even intentionally)
You may NOT read into it any way you please. When looking for the founding fathers defination you only need to know their defination. Clearly it can be found in the Public acts of the first congress 2nd session chapter III March 26, 1790.
The definition is legal untill the Constitution is ammended and a new defination is installed. If that ever happens.
Since the term "Natural Born Citizen" was not defined IN the Constitution, the term means what it was then understood to mean. The Constitution clearly made
distinctions between citizens (a) from birth and (b) those over whom Congress was given the ability to provide-for by way of its naturalization authority.
Congress was granted that sole authority. “[E]stablish an uniform Rule of Naturalization,” U. S. Const., Art. I, §8, cl. 4.
That fact is not disputable. And in reality neither is the inherent power of the United States, as sovereign, to control and conduct relations with foreign nations.
Where, as here, one is a citizen, one is either BORN a citizen or one needs to have
become a citizen via the lawful process of "naturalization." Ted Cruz did
not have to go through any process of naturalization because he was a United States' citizen at birth, given his mother's U.S. citizenship at the moment of his birth.
If a citizen but not naturalized, that only leaves the only other option: he was a citizen
at birth. Thus, Ted Cruz IS a natural born United States' citizen. Like it or not, that's the end of that story.
The Constitution didn't define "citizen" until the 14th Amendment. Prior to that there was no definition of citizen, at all, in it, only that citizens were entitled to to the rights guaranteed by the Constitution.
Puerto Ricans are born Citizens
at birth, they do not have to go through a naturalization process, and yet they are not eligible to hold the office of the President, why is that?
They are explicitly 'naturalized at birth' per the law. The only group, per US law.
Ted Cruzs citizenship was dependent upon his parent(s) meeting certain requirements, and then for "Ted" himself meeting certain requirements (1952 INA Section 301 (a)(7) and (a)(7)(b)) in order to retain his citizenship. Cruz was a "conditional citizen" provided requirements were met. He is not a "natural-born citizen". Justice Gray in the Wong Kim Ark Opinion limited the term to mean only you are either born in the US (with few exceptions, i.e. Ambassador/Diplomat - in service of your government, invading army, born in international waters) or you are Naturalized.
Justice Gray did not such thing. Gray reviewed what British Common Law regardin natural born subjects. He explicitly stated that the only way for those born outside the US to become a citizen is through naturalization.
Gray found no exceptions. You're not citing Gray's findiings on US law. You're citing yourself.
I'm citing common law. Justice Grey is citing Lord Chief Justice Cockburn:
Lord Chief Justice Cockburn, in the same year, reviewing the whole matter, said:
By the common law of England, every person born within the dominions of the Crown, no matter whether of English or of foreign parents, and, in the latter case, whether the parents were settled or merely temporarily sojourning, in the country, was an English subject, save only the children of foreign ambassadors (who were excepted because their fathers carried their own nationality with them), or a child born to a foreigner during the hostile occupation of any part of the territories of England. No effect appears to have been given to descent as a source of nationality.
Cockburn on Nationality, 7.
What about Section II. of the opinion:
II. The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "ligealty," "obedience," "faith," or "power" of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were mutual -- as expressed in the maxim protectio trahit subjectionem, et subjectio protectionem -- and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom. Children, born in England, of such aliens were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King's dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King.
How about when he cites Dicey:
The exceptions afterwards mentioned by Mr. Dicey are only these two:
1. Any person who (his father being an alien enemy) is born in a part of the British dominions, which at the time of such [p658] person's birth is in hostile occupation, is an alien.
2. Any person whose father (being an alien) is at the time of such person's birth an ambassador or other diplomatic agent accredited to the Crown by the Sovereign of a foreign State is (though born within the British dominions) an alien.
And he adds:
The exceptional and unimportant instances in which birth within the British dominions does not of itself confer British nationality are due to the fact that, though at common law nationality or allegiance in substance depended on the place of a person's birth, it in theory, at least, depended not upon the locality of a man's birth, but upon his being born within the jurisdiction and allegiance of the King of England, and it might occasionally happen that a person was born within the dominions without being born within the allegiance, or, in other words, under the protection and control of, the Crown.
Dicey Conflict of Laws, pp. 173-177, 741.
How about Greys actual conclusion of Section II.:
It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.
Knowing your response already, you will claim that isn't in the WKA decision, when it is directly quoted from it.
So lets keep going, Section III.:
3 Pet. 120. Mr. Justice Johnson said: "He was entitled to inherit as a citizen born of the State of New York." 3 Pet. 136. Mr. Justice Story stated the reasons upon this point more at large, referring to Calvin's Case, Blackstone's Commentaries, and Doe v. Jones, above cited, and saying:
Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign. Two things usually concur to create citizenship: first, birth locally within the dominions of the sovereign, and secondly, birth within the protection and obedience, or, in other words, within the allegiance of the sovereign. That is, the party must be born within a place where the sovereign is at the time in full possession and exercise of his power, and the party must also, at his birth, derive protection from, and consequently owe obedience or allegiance to, the sovereign, as such, de facto. There are some exceptions which are founded upon peculiar reasons, and which, indeed, illustrate and confirm the general doctrine. Thus, a person who is born on the ocean is a subject of the prince to whom his parents then owe allegiance; for he is still deemed under the protection of his sovereign, and born in a place where he has dominion in common with all other sovereigns. So the children of an ambassador are held to be [p660] subjects of the prince whom he represents, although born under the actual protection and in the dominions of a foreign prince.
How about where he cites Kent:
Chancellor Kent, in his Commentaries, speaking of the "general division of the inhabitants of every country under the comprehensive title of aliens and natives," says:
Natives are all persons born within the jurisdiction and allegiance of the United States. This is the rule of the common law, without any regard or reference to the political condition or allegiance of their parents, with the exception of the children of ambassadors, who are in theory born within the allegiance of the foreign power they represent. . . . To create allegiance by birth, the party must be born not only within the territory, but within the ligeance of the government. If a portion of the country be taken and held by conquest in war, the conqueror acquires the rights of the conquered as to its dominion and government, and children born in the armies of a State, while [p665] abroad and occupying a foreign country, are deemed to be born in the allegiance of the sovereign to whom the army belongs. It is equally the doctrine of the English common law that, during such hostile occupation of a territory, and the parents be adhering to the enemy as subjects de facto, their children, born under such a temporary dominion, are not born under the ligeance of the conquered.
2 Kent Com. (6th ed.) 39, 42. And he elsewhere says:
And if, at common law, all human beings born within the ligeance of the King, and under the King's obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary. . . . Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.
2 Kent Com. 258, note.
Really, I could keep going, but the issue is clearly pointed out, there are few exceptions that are noted.
The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, "All persons born in the United States" by the addition "and subject to the jurisdiction thereof," would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases -- children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State -- both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. Calvin's Case, 7 Rep. 1, 18b; Cockburn on Nationality, 7; Dicey Conflict of Laws, 177; Inglis v. Sailors' Snug Harbor, 3 Pet. 99, 155; 2 Kent Com. 39, 42.
SMFH