Steve_McGarrett
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- Jul 11, 2013
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Here is why Ted doesn't meet the qualifications of Article 2 Section 1 of the U.S. Constitution to be eligible for President. Cruz did not inherit citizenship from his mother, he is a U.S. citizen because at birth he fulfilled the requirements established by Congress.
Prior to May 24, 1934 the uniform Rule of Naturalization did not allow a person to acquire U.S. citizenship at birth if they were born outside the U.S. to a citizen mother and a non citizen father; during that time, persons born outside of the U.S. could only acquire citizenship at birth if their father was a citizen of the U.S. but not to a father who had never resided in the United States.
Ted Cruz was born in Canada after the 1934 date to a U.S. citizen mother and a non U.S. citizen father, he acquired citizenship at birth under the uniform Rule of Naturalization that was in effect at the time of his birth.
Ted Cruz cannot be a “natural born Citizen” if a person born prior to May 24, 1934 with the same birth circumstances was not even a “citizen of the United States”.
The Constitution gives Congress the Power to establish an uniform Rule of Naturalization, it does not give Congress the Power over who is a "natural born Citizen. A "natural born Citizen" today is the same as who a "natural born Citizen" was when the term was inserted into the Constitution, it can only be changed by Constitutional Amendment.
Ted Cruz is not a "natural born Citizen"; if he were, then persons born prior to the 1934 date would also of been. Because, Congress does not have Power over who is a "natural born Citizen" they only have the Power to establish an uniform Rule of Naturalization and the Rule they established prior to the 1934 date only allowed persons born abroad to a U.S. citizen father to acquire citizenship at birth as long as their father had been a resident of the U.S.
Therefore Ted Cruz is not a "natural born Citizen".
A "natural born Citizen" today is the same as who a "natural born Citizen" was when the term was inserted into the Constitution
This contention is not wholely correct. If your contention were correct, African Americans could never be NBCs. Prior to the 14th, AAs did not even have citizenship let alone NBC status.
If the meaning of NBC has remained as it had at the signing, then Barack Obama[being an African American] would not have been eligible...even if he were born on the WH lawn.
If the 14th allowed AAs to be considered NBC, then why not the others affirmed as citizens by the 14th?
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
The 14th Amendment citizens and Article 2 Section 1 natural born citizens are not tied together.
Rep. John Bingham of Ohio, considered the father of the Fourteenth Amendment, confirms that understanding and the construction the framers used in regards to birthright and jurisdiction while speaking on civil rights of citizens in the House on March 9, 1866:
" ... I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen..."
Cruz's father Rafael owed allegiance to Cuba like Obama's British subject father owed allegiance to the British Crown. They are not natural born Citizens.
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