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In reply to the discussion: Ted Cruz is not eligible to be president. [View all]nadinbrzezinski
(154,021 posts)97. I will thrown this to the mix
the natural born idea is an 18th century concept that has mostly bit the dust in international law.
Both examples. the kid is a citizen of the country that accidentally they were born at. But by blood (aka parents) they are citizens of the other.
Under international law kid could claim either citizenship, unless of course we are talking France that recognizes double from the git go.
of course then there is the oath of allegiance for naturalized US Citizens where new citizens basically resign any allegiance to other places. But this is common in other countries. Alas canada does not have that... so I guess canucks accept dual citizenship, because we don't.
I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.[11]
here is the US Oath.
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
So it gets complicated also by modern standards.
I think personally that the modern standard of being born to US Nationals inside the US or outside, the US should be enough, and I think International Law agrees, but that will have to be clarified by a court of law, perhaps the USSC.
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'Congress simply does not have the power to convert someone born outside the United States
elleng
Jan 2016
#3
It's already defined in contemporary statute law (Naturalization Act 1790)
Spider Jerusalem
Jan 2016
#24
Whether you misunderstood something isn't clear because there is so little law on this point
Jim Lane
Jan 2016
#98
The fact that he had citizenship at birth due to his mother being a citizen,
prayin4rain
Jan 2016
#99
See my comment about people who're too stupid to grasp the difference between "native-born"...
Spider Jerusalem
Jan 2016
#34
One cannot have differences of opinion in regard to established facts.
Spider Jerusalem
Jan 2016
#19
Unfortunately, it's clear that the Constitution DOES give weight to "trivial accidents of birth"
Jim Lane
Jan 2016
#96
That's right! Wish something would derail that nasty little troll's campaign.
SammyWinstonJack
Jan 2016
#40
This shit was stupid when they threw it at obama, and it's just as stupid against Cruz
Scootaloo
Jan 2016
#26
Well, yes, the post I was replying to was about amending the Constitution (nt)
Nye Bevan
Jan 2016
#56
I'm not sure that any constitutional amendment on who is eligible to be president
Nye Bevan
Jan 2016
#67
Why would you want to spoil all of the fun, we could just be getting started.
A Simple Game
Jan 2016
#79
this is just getting silly - of course he is a natural-born citizen as he was a US citizen at birth
DrDan
Jan 2016
#42
Yep, it's kind of ridiculous and no way should any of our candidates touch it,
Nye Bevan
Jan 2016
#58
"Cruz was naturalized at birth." Well, I am not a Constit. Lawyer, but that sounds like
yellowcanine
Jan 2016
#52
That would be because he wasn't born in the US. He was born in Canada. No one disputes that.
WillowTree
Jan 2016
#64
Not necessarily true that someone born abroad to a US citizen is automatically a US citizen.
Nye Bevan
Jan 2016
#68
Thankfully, we have this constitutional law professor to tell us what the founders intended.
hughee99
Jan 2016
#60
With all due respect, the writer in the OP link was suggesting that they know what the founders
hughee99
Jan 2016
#75
Acquisition of foreign citizenship is not sufficient to extinguish existing US citizenship
Spider Jerusalem
Jan 2016
#87
how utterly dumb and calculating of the gopE not to get this squared away before primaries
restorefreedom
Jan 2016
#100
The answer does not exist yet and will not until the SCOTUS interprets "natural born citizen," as
merrily
Jan 2016
#101
Right, there won't be a final answer until there's a proper 'case and controversy.'
elleng
Jan 2016
#110