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Jim Lane

(11,175 posts)
37. It's a bit different from what you've said.
Sun May 19, 2013, 03:41 AM
May 2013

At the time of Obama's birth, and at the time of Cruz's birth, the law concerning a child born abroad to one citizen parent and one noncitizen parent was that the citizen parent transmitted citizenship to the kid automatically, provided certain conditions were met. One condition was that the citizen parent had to have lived in the United States for at least five years after having attained the age of fourteen.

As a matter of math, no citizen parent under the age of nineteen could meet this condition. Obama's mother was eighteen when he was born. Therefore, if he had been born in Kenya, he wouldn't have been a citizen.

It doesn't directly relate to the age of the citizen parent. Even a much older citizen parent wouldn't have transmitted citizenship if he or she had left the United States early in life and spent so much time abroad that he or she didn't meet the requirement of living here for five years after turning fourteen.

Cruz's mother, however, was no teenager, and easily met the five-year requirement. Therefore, Cruz was a citizen at birth and is eligible to be President.

Obama is eligible for a different reason -- a child born in the U.S. is a citizen unless entitled to diplomatic immunity at birth. The parents' citizenship is immaterial.

As for children born abroad, the five-year requirement has since been abolished. That doesn't moot the whole Kenya sideshow, though. The phrase "natural born citizen" isn't defined in the Constitution, so I think the obvious meaning is that the kid was a citizen at birth, without needing subsequent legislation or a naturalization proceeding. Therefore, a prospective President's eligibility must be assessed in light of the law in effect at the time of his or her birth.

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Ted Cruz was born in Calgary, Canada. [View all] phantom power May 2013 OP
I imagine, somewhere along the way, there'll be a discussion vis-a-vis Buns_of_Fire May 2013 #1
Exactly. Can you imagine Cruz standing up giving a campaign speech in which he says that he DhhD May 2013 #10
In the bio, there is no mention of Canada. I believe that Cruz lied/mislead Texans as he made DhhD May 2013 #26
The point they tried to make with President Obama madville May 2013 #2
It took me a long time to figure the birth certificate accusation out, but I finally did (I think). StevieM May 2013 #15
Don't forget, teabaggers don't consider Hawaii part of the United States IrishAyes May 2013 #19
Europeans and Canadians never got it wrong demwing May 2013 #31
I had a coworker who thought New Mexico was....a central American nation. She wanted Nay May 2013 #33
We can trade horror stories IrishAyes May 2013 #42
Teabaggers may think vankuria May 2013 #47
Why does that not surprise me????? IrishAyes May 2013 #34
I know that if I ever go looking demwing May 2013 #35
It's a bit different from what you've said. Jim Lane May 2013 #37
Thanks for the refresher. Ms. Toad May 2013 #49
Add to that the fact that Obama was born in an American state malaise May 2013 #3
See my reply above. IrishAyes May 2013 #20
I wonder if Canada would take him back. asjr May 2013 #4
Unfortunately, Canada's too smart for that pinboy3niner May 2013 #5
Excuse me, but why would you wish this guy on us? We don't want him either. PDJane May 2013 #6
But don't you guys owe us one for Justin Bieber? nt Buns_of_Fire May 2013 #7
Two; justin beiber and celine dionne. PDJane May 2013 #8
But you gave us Dan Akroyd MattBaggins May 2013 #12
We're heavy on comedians; we live next to you lot! PDJane May 2013 #18
If we run out of material, we just gaze at our navels. IrishAyes May 2013 #24
You're welcome. PDJane May 2013 #27
Dont forget rickyhall May 2013 #30
I could recommend a nice vacation spot in the Bermuda Triangle IrishAyes May 2013 #21
I'm Rebl May 2013 #9
Ha ha brucefan May 2013 #29
Most of Canada wouldn't, but I have my doubts on Alberta. roamer65 May 2013 #48
Carnival Cruz! ZRT2209 May 2013 #11
How do we know that Cruz' mother was born in the US? IggleDoer May 2013 #13
Yeah chuckstevens May 2013 #17
You can always tell! IrishAyes May 2013 #22
Here here! Ilsa May 2013 #25
Eh!! Historic NY May 2013 #14
Fox NEWS? chuckstevens May 2013 #16
He is white.. HipChick May 2013 #23
The correct thing matt819 May 2013 #28
Canadian Cruz Blue Owl May 2013 #32
Politics. Jamaal510 May 2013 #36
Cruz is eligible even though he was born in Canada. Jim Lane May 2013 #38
that's not the point. cali May 2013 #39
It was the point of the OP. Jim Lane May 2013 #40
None of what you said seems to apply to the VAST majority of teabaggers in general IrishAyes May 2013 #41
The OP implied that race is the ONLY basis for the distinction. That isn't true. Jim Lane May 2013 #46
Not many - More like such a vast majority ARE racist that statistically the others hardly count. IrishAyes May 2013 #50
Obama's mother was a citizen, so his place of birth no more relevant than Cruz's or McCain's... Bluenorthwest May 2013 #44
Your position is common on the left but is, IMO, legally indefensible. Jim Lane May 2013 #45
Just as a side note, one is "natural born" if one parent is a US citizen, regardless of birthplace alcibiades_mystery May 2013 #43
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