General Discussion
In reply to the discussion: Ted Cruz’s birther problem grows as more constitutional law scholars say he can’t be president [View all]Yo_Mama
(8,303 posts)the need for a naturalization process must be considered a natural-born citizen.
Who makes the rules for that? Congress, as defined by the Constitution. It is a legislative, not a judicial, power.
Congress' interpretation of citizenship law is dispositive, because they are granted that right in the Constitution (which refers to "naturalization" as the process of acquiring citizenship by those who didn't have it at birth). If Cruz has not been naturalized because Congress has ruled that he is a natural born citizen and the Supreme Court were to rule that he is not a natural-born citizen, the SC would be depriving Cruz of his citizenship.
Somehow, I think the justices would all have a belly laugh at this idea and never take the case, unless they thought it was going to be so much fun that they decided to take it.
No SC is ever going to start ruling that people who have always been considered citizens by Congress are not.