Tuesday, January 12, 2016

Natural Born

The Constitution says that to be president, one of the requirements is that you be a "natural born" citizen.

Ted Cruz is running for president.  Ted Cruz was born in Canada.  His mother was an American.  Is Ted "natural born"?  Beats the heck outta me.  He's certainly an American citizen, but is he qualified to be President?

Some say yes.

Some say no.

The Senate takes a pass.

I'm pretty sure that John McCain is natural born.  If I remember correctly, he was born in the Canal Zone and his father was in the military.  We tend to give a pass to Americans born outside the US while their parent is serving.  And, I won't get into the birther-ism surrounding our current President.

The question remains, is a child born to American parents, but born outside the US considered "natural born"?  That's a good question, and one that needs to be answered fully, and soon.

I'm just sayin'.


Old 1811 said...

When McCain was born, the Panama Canal Zone was part of the United States, just like Texas. The fact that his father was in the military was completely irrelevant, just as it would have been had he been born in Omaha.
The legal definition of the United States at the time was: "The 48 contiguous states, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, the Panama Canal Zone, Guam, American Samoa, and Swains Island." Natives of all those places except Swains Island are U.S. citizens by birth; natives of Swains Island are U.S. nationals.
When Jimmy Carter gave away the Canal Zone, natives of the CZ born thereafter were not U.S. citizens, but CZ natives born before then kept their U.S. citizenship.
McCain didn't need a Senate resolution; his U.S. citizenship was already a matter of black-letter law.
The ignorance of our "leaders" used to amaze me, but now I'm used to it.

Old NFO said...

Cruz is as American as you or I. He was born to a US citizen, WHERE that happened is irrelevant. End of story.

Old 1811 said...

Old NFO is right, but for the wrong reason.
Under citizenship law, a person born outside the U.S. to a U.S. citizen derives U.S. citizenship at birth through the U.S. citizen parent IF and ONLY IF the U.S. citizen parent meets certain U.S. residence requirements. The U.S. citizen has to have been a resident of the U.S. for a certain number of years, and a certain number have to have been after a certain age. (I don't know the numbers offhand because the law changed from time to time, I don't know Cruz's DOB, and I no longer have my charts handy. But generally, the U.S. citizen parent has to have been resident in the U.S. for 14 years, 5 of which were after the age of 16.) Reportedly, Cruz's mother satisfies all the residence requirements; therefore Cruz is what's called a "derivative" U.S. citizen. Since he was a U.S. citizen at birth, that probably qualifies him as a natural-born citizen.

Anonymous said...

I really don't care.....well I do but ya know it's getting tedious trying to keep up with all the piddly little tit for tat crap that people are spewing. Too many "know it alls" that are spouting schtuff that really doesn't make a difference.
What I REALLY want!?!? Is a prez that stands up and reclaims our history. A prez that will say that America is unique and doesn't need to fit in the mold of europe (or moldy europe!) A prez that is able to lift our country's spirits back up to where I'm not ashamed!

Old 1811 said...

I'm just trying to explain the law, since that's the piddly little tit for tat crap that's the deciding factor here. If that makes me a know-it-all, so be it. I don't pretend to know everything, but I do know immigration and citizenship law, and I've never seen anyone online or on TV explain it correctly.