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Joined: 07/30/1997 Posts: 22723
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Natural born citizens

Here's an interesting article from PolitiFact and the Harvard Law Review about the citizenship of those born to an American parent in a country outside of the U.S. The issue goes back to the British empire and British common law. It appears that Trump is grasping at straws, without much legal merit, just as he was in the case w/ Pres. Obama. - B4E

For most of his presidential campaign and much of his presidency, President Barack Obama endured erroneous claims that he was born in Kenya rather than the United States. He released the short form of his birth certificate to prove he was born in Hawaii. Then the long form. The conspiracists died down, but they remained.

Now, the first candidate to throw his hat in the ring for the 2016 presidential contest, Sen. Ted Cruz, R-Texas, was born outside the United States, a fact he willingly offered.

Cruz, who was born in Canada, has maintained there are no constitutional barriers that prevent him from running. And so far the challenges to his candidacy are few and far between.

So can Cruz run? He likely can, just as Obama could have even if he were born in Kenya -- which, again, he most certainly wasn’t.

Cruz — full name: Rafael Edward Cruz — was born in Calgary, Canada, in 1970. His family was living there because his father was working for the oil industry at the time. They moved when he was four. Cruz grew up in Texas and graduated from high school there, later attending Princeton University and Harvard Law School.

In 2013, the first-term senator — already considered a prospective presidential candidate — released his birth certificate, which shows his mother was born in Delaware and his father was born in Cuba. (A situation similar to Obama, whose mother was born in Kansas and father was African.)

Most legal scholars maintain that Cruz is in the clear despite his Canadian birthplace.

But is the issue 100 percent settled? Not exactly.

What the constitution says

We first looked into this issue in 2013 but decided to look again now that Cruz has formally announced. As we found back then, the constitutional requirements for a presidential candidate created by the Founding Fathers are concise but not readily clear.

Two provisions are obvious: The candidate must be 35 years of age and a resident of the United States for 14 years. The third qualification: He or she must be a "natural born citizen."

What does it mean to be a "natural born citizen"?

Most legal experts contend it means someone is a citizen from birth and doesn’t have to go through a naturalization process to become a citizen.

If that’s the definition, then Cruz is a natural born citizen by being born to an American mother and having her citizenship at birth. The Congressional Research Service, the agency tasked with providing authoritative research to all members of Congress, published a report after the 2008 election supporting the thinking that "natural born" citizenship means citizenship held "at birth."

There are many legal and historical precedents to strongly back up this argument, experts have said.

Those precedents were the subject of a recent op-ed in the Harvard Law Review by

(In response to this post by Gateway)

Link: Natural born citizens whose birth occurred in other countries

Posted: 01/14/2016 at 6:01PM


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Current Thread:
  Oh Brother! Another Birther, you people are nuts. ** -- BuffaloMoe 01/14/2016 3:46PM
  I disagree. It is an issue -- buffdad 01/14/2016 6:12PM
  Totally agree.... -- Gateway 01/14/2016 6:23PM
  He Renounced It In 2014 . . . -- TucsonBuff 01/14/2016 6:42PM
  I heard 18 months ago... ** -- Gateway 01/14/2016 6:55PM
  Re: He Renounced It In 2014 . . . -- Buffs4Ever 01/14/2016 6:52PM
  Agreed. There are a lot of low information voters ** -- Buffs4Ever 01/14/2016 6:40PM
  Well, you know he needs a SCOTUS decision -- buffdad 01/14/2016 6:29PM
  Well, than, IF Obama wzs born in Kenya, then -- buffdad 01/14/2016 2:47PM
  Re: Well, than, IF Obama wzs born in Kenya, then -- Buffs4Ever 01/14/2016 3:23PM
  McCain was born to two American citizens... -- Gateway 01/14/2016 4:02PM
  Natural born citizens -- Buffs4Ever 01/14/2016 6:01PM
  Re: Natural born citizens -- buffdad 01/14/2016 6:07PM
  Canada's Not a US Territory? I'll Be Damned . . . -- TucsonBuff 01/14/2016 5:03PM
  As well as Mitt.... ** -- buffdad 01/14/2016 4:19PM
  Same thing with Mitt's father ** -- Buffs4Ever 01/14/2016 6:19PM
  Unless the SCOTUS decides that -- buffdad 01/14/2016 3:36PM