Ted Cruz is Canadian; how can he be president?

[Vic]

You answered your own question: He must be a "natural born citizen".

IIRC, the SCOTUS has not settled the issue of what exactly a natural born citizen is, so we're left with various opinions like those in the Atlantic article linked above.

It's an interesting question, but Cruz will not be elected so it's irrelevant and will remain unaddressed by the court.

Fern

The SCOTUS has no Constitutional authority to rule on the definition of a "natural born citizen," which is why they've never even taken the issue up.
Only Congress has that authority, and they already made that decision.. in 1790.

 

[Fern]

The SCOTUS has no Constitutional authority to rule on the definition of a "natural born citizen," which is why they've never even taken the issue up.
Only Congress has that authority, and they already made that decision.. in 1790.

That's it?

You wanna just drop that here without explanation or anything?

You wanna claim a naturalization act, merely passed by Congress, provides constitutional authority?

That SCOTUS has no constitutional authority to rule on, well, constitutional matters or even bills passed by Congress?

That's novel.

Fern

 

[waggy]

meh he was born in canada to US citizens.

he may be a citizen of the US but i don't think it fits the "natural born" part.

not that it matters. he has a snowballs chance in hell of winning.

 

[Fern]

meh he was born in canada to US citizens.

he may be a citizen of the US but i don't think it fits the "natural born" part.

not that it matters. he has a snowballs chance in hell of winning.

IIRC, his father was not a citizen at the time he was born.

Fern

 

[MetalMat]

So is he does he have dual citizenship? A buddy of mine was born in Canada and is a dual citizen.

 

[waggy]

IIRC, his father was not a citizen at the time he was born.

Fern

oh thought i read he was. In that case NO he can't run for pres.

not that he had a chance..

at all.


about as good a chance as shorty hooking up with a playboy playmate..

 

[Fern]

So is he does he have dual citizenship? A buddy of mine was born in Canada and is a dual citizen.

He had dual citizenship, but dumped his Canadian citizenship last year IIRC.

Fern

 

[MetalMat]

He had dual citizenship, but dumped his Canadian citizenship last year IIRC.

Fern

But can someone with dual citizenship run for President if that was established at birth?

 

[Fern]

But can someone with dual citizenship run for President if that was established at birth?

I don't know of any reason why they couldn't.

Some years ago if you were born here but sought dual citizenship the fed govt took the position that applying for that 2nd citizenship could cause revocation of your (original) US citizenship. (Renunciation of US citizenship.) IIRC that was official policy, although rarely enforced, until sometime in the late 80's.

So, as it stands now IDK of any legal impediment to running as a dual citizens.

Might not be politically popular among all voters, but that's another matter.

Fern

 

[Vic]

That's it?

You wanna just drop that here without explanation or anything?

You wanna claim a naturalization act, merely passed by Congress, provides constitutional authority?

That SCOTUS has no constitutional authority to rule on, well, constitutional matters or even bills passed by Congress?

That's novel.

Fern

Article 1, section 8, clause 4.

How is this even a debate? The SCOTUS may rule on the eligibility of individual candidates, of course, but the general definition of "natural born citizen" belongs to Congress, and they decided that a long time ago. They could vote on it again, I guess.

Now Obama was born within the United States to an American mother. This is well documented. He's a natural born citizen.
Cruz was born in Canada to a Cuban father, who had previously been resident in the US, and an American mother. This is also well documented, and he is also a natural born citizen.

 

[Fern]

Article 1, section 8, clause 4.
-snip-

That refers to naturalization.

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

Naturalization =/= natural born citizen.

In an above post I already said the Constitution authorized Congress to make laws regrading naturalization. But that has nothing to do with a natural born citizen. You can't be naturalized if you were born a US citizen. It's only for those who are foreign citizens first.

Fern

 

[HomerJS]

Cruz is a citizen, Obama is a citizen, McCain is a citizen. Any argument otherwise is retarded ranting.

Fox News is retarded. Welcome to the enlightened.

 

[SandEagle]

The SCOTUS has no Constitutional authority to rule on the definition of a "natural born citizen," which is why they've never even taken the issue up.
Only Congress has that authority, and they already made that decision.. in 1790.

http://puzo1.blogspot.com/2009/08/law-of-nations-and-not-english-common.html

The Founders knew that Vattel defined a "citizen" simply as any member of society. They also knew from reading Vattel that a "natural born Citizen" had a different standard from just “citizen,” for he or she was a child born in the country to two citizen parents (Vattel, Section 212 in original French and English translation). That is the definition of a "natural born Citizen," as recognized by numerous U.S. Supreme Court and lower court decisions (The Venus, 12U.S. 253(1814), Shanks v. Dupont, 28 U.S. 242 (1830), Scott v. Sandford, 60 U.S. 393 (1856), Minor v. Happersett, 88 U.S. 162 (1875) , Ex parte Reynolds, 20 F. Cas. 582 (C.C.W.D. Ark 1879), United States v. Ward, 42 F. 320 (1890); Wong Kim Ark, 169 U.S. 649 (1898), Ludlam, Excutrix, & c., v. Ludlam, 26 N.Y. 356 (1863) and more) and the framers of the Civil Rights Act of 1866, the 14th Amendment, the Naturalization Act of 1795, 1798, 1802, 1885, and our modern 8 U.S.C. Sec. 1401. It should be noted that during the Founding and throughout American history, there has always been a distinction between a general “citizen” on the one hand and a “natural born citizen” on the other. The law of nations did not make any specific requirements for one to be a “citizen” of a nation, for such a person was basically just a member of the civil society. Before and after the revolution, the Founders considered anyone who resided in the colonies or States and who adhered to the revolutionary cause to be a “citizen,” regardless of place of birth or condition of the parents. But the law of nations did provide for a strict definition of a “natural born citizen,” i.e., a child born in the country of citizen parents. And the Founders also adopted that stricter definition for an Article II “natural born Citizen” which applied only to one wanting to be President and Commander in Chief of the Military.

there appears to be a legal definition. ted cruz does not qualify.