Hispanic Enterprise magazine . . . Tea Party Arrival - Rubio and Cruz

[rubioneocon]

"Ted Cruz joins Marco Rubio as the second Cuban American Republican in the Senate"

With this lead in . . .
it occurred to me . . . that what John Jay and George Washington were trying for in the requirement for the commander-in-chief to be a natural born citizen (defined by the US Supreme Court as native born)
that both Rubio and Cruz as Cuban Americans ARE against the intent of the constitution to prevent a POTUS
with a favoritism/ foreign influence. What do you think ?
(beware . . . I do already have a response for when I get slammed here saying that - hehe)

[TaftFan]

Rubio was born in Miami. Both are eligible by federal definitions of natural born.

[talkingpointes]

Natural born. Glad we got that solved. Is the bar that low - that's where we start now ? Birth certificates lol

[alucard13mmfmj]

We need a hispanic to run for POTUS to take the steam out of Rubio to be honest. Only way to take out that "ooo hes hispanic" aura.

[Origanalist]

Collectivists.

[rubioneocon]

Rubio was born in Miami. Both are eligible by federal definitions of natural born.
but Ted Cruz was born in Canada . . . across the border . . . so . . .

he is absolutely NOT eligible by the authority in the definition of natural born . . . the Supreme Court of the United States.

[alucard13mmfmj]

but Ted Cruz was born in Canada . . . across the border . . . so . . .

he is absolutely NOT eligible by the authority in the definition of natural born . . . the Supreme Court of the United States.

so we can run Cruz as interference against Rubio huh? =(

we need to divide and conquer the old guard. split the hispanic vote between rubio and cruz = win.

[TaftFan]

but Ted Cruz was born in Canada . . . across the border . . . so . . .

he is absolutely NOT eligible by the authority in the definition of natural born . . . the Supreme Court of the United States.

Everything I have seen is to the contrary. What case are you citing?

[rubioneocon]

Everything I have seen is to the contrary. What case are you citing?

Yeah, the same old case(s) that many of you guys may have been ignoring back in 2008. . .
I will get the citation if it is that crucial. But alot of closed eyes to this fact still - I really don't understand why.

Cruz with 4% at CPAC for probably much the same reason as far as I can tell,
as the Senator from the great state of Texas outshines Rubio in every way, shape, and form.

Here is a link to something that may help for now . . .
my classic cite is perhaps from the 1960's . . . this will have to do for now.

http://www.fourwinds10.net/siterun_data/government/us_constitution/news.php?q=1308252582

[TokenLibertarianGuy]

Rubio was born in Miami. Both are eligible by federal definitions of natural born.

Cruz was born in Canada to a Cuban father and American mother.

[TaftFan]

Yeah, the same old case(s) that many of you guys may have been ignoring back in 2008. . .
I will get the citation if it is that crucial. But alot of closed eyes to this fact still - I really don't understand why.

Cruz with 4% at CPAC for probably much the same reason as far as I can tell,
as the Senator from the great state of Texas outshines Rubio in every way, shape, and form.

Here is a link to something that may help for now . . .
my classic cite is perhaps from the 1960's . . . this will have to do for now.

http://www.fourwinds10.net/siterun_data/government/us_constitution/news.php?q=1308252582

All of those rightly say that those born in the U.S. are citizens, however they are not really going about defining the term or being specific.

According to federal statute Cruz is eligible.

http://www.texastribune.org/2012/08/13/texplainer-could-canadian-born-ted-cruz-be-preside/


Citizenship was not directly addressed in the Constitution until the 14th Amendment was passed in 1868. Its first sentence reads, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

A naturalized citizen is a citizen who was not a U.S. citizen at birth but later becomes one. Scholars generally agree that a naturalized citizen, such as an immigrant, could not be elected president. The 14th Amendment, however, does not define what is considered a “natural-born citizen.”

The Nationality Act of 1940 outlined which children became “nationals and citizens of the United States at birth.” The law stated that a person is a U.S. citizen if he or she were born in United States; born outside the U.S. to parents who were both citizens; found in the United States without parents and no proof of birth elsewhere; or if a person has been born to one American parent, provided that parent has spent a certain number of years in the United States.

The single-American parent requirement has been amended a few times, said UCLA law professor Eugene Volokh. As it applies to people born between 1952 and 1986, they must have a parent who was a U.S. citizen for at least 10 years, including five after the age of 14, in order for the baby to be considered a natural-born citizen.

[TokenLibertarianGuy]

TaftFan, you probably are right that Cruz is eligible. If we look at the Naturalization Act of 1790, the first one on citizenship:


The Act also establishes the United States citizenship of children of citizens, born abroad, without the need for naturalization: "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens".

[kcchiefs6465]

TaftFan, you probably are right that Cruz is eligible. If we look at the Naturalization Act of 1790, the first one on citizenship:
Same as McCain. IIRC, he was born in Panama.

[TokenLibertarianGuy]

Same as McCain. IIRC, he was born in Panama.

McCain is a different case. I made a post about it, let me find it.

[kcchiefs6465]

but Ted Cruz was born in Canada . . . across the border . . . so . . .

he is absolutely NOT eligible by the authority in the definition of natural born . . . the Supreme Court of the United States.
I believe Cruz was born on a US military base in Canada? If so, he is eligible. McCain wasn't born in the U.S. either.

[TokenLibertarianGuy]

I believe Cruz was born on a US military base in Canada? If so, he is eligible. McCain wasn't born in the U.S. either.

No, Cruz was not born on a military base and a military base is not US territory.

Here's the post I made a while ago about McCain's case:


Cruz's father wasn't a citizen at the time and he was born in a foreign country. Both McCain's parents were US citizens and the Panama Canal Zone was a US territory. In 1934 Congress passed a law grating all persons born in the territory to two US citizen parents natural born status from birth.

McCain was born in the United States, but in an unincorporated territory (like Puerto Rico) not an incorporated territory (like Arizona Territory where Goldwater was born)

[Philhelm]

I was born in England on a U.S. Air Force Base, and I can run for President. I'm a natural born U.S. citizen. The requirement is not to be born withing the borders of the U.S., or else they would have simply stated that.

[kcchiefs6465]

No, Cruz was not born on a military base and a military base is not US territory.

Here's the post I made a while ago about McCain's case:

McCain was born in the United States, but in an unincorporated territory (like Puerto Rico) not an incorporated territory (like Arizona Territory where Goldwater was born)
After a little reading what I specifically see relates to the father being born in the US. [so ambassador's children born overseas would be naturalized] Is it your understanding that either parent could be born in the US or have spent 10 years here and their children be naturalized? [five of which years after the age of 14]


Here's an interesting read about it, but I am not sure whether it helps his case, or hurts it. [his mother meeting the requirements, as opposed to his father, who I don't believe meets the requirements]

http://tucsoncitizen.com/arizona-lincoln-republican/2013/01/09/is-ted-cruz-a-natural-born-citizen/

[Philhelm]

After a little reading what I specifically see relates to the father being born in the US. [so ambassador's children born overseas would be naturalized] Is it your understanding that either parent could be born in the US or have spent 10 years here and their children be naturalized? [five of which years after the age of 14]


Here's an interesting read about it, but I am not sure whether it helps his case, or hurts it. [his mother meeting the requirements, as opposed to his father, who I don't believe meets the requirements]

http://tucsoncitizen.com/arizona-lincoln-republican/2013/01/09/is-ted-cruz-a-natural-born-citizen/

For what it's worth, I work at an immigration law firm, and there are a few ways for a child born outside the U.S. to gain U.S. citizenship. The parent could go through a U.S. consulate and the child would be issued a Consular Report of Birth Abroad. This is the document that was issued after my birth, and it confers U.S. citizenship. Another method would be to petition the U.S. Citizenship & Immigration Services for a Certificate of Citizenship. The beneficiary can use a single parent's U.S. citizenship in order to gain derivatively gain U.S. citizenship, although there are residency requirements for the parent. Adopted children can also gain a Certificate of Citizenship.

[kcchiefs6465]

For what it's worth, I work at an immigration law firm, and there are a few ways for a child born outside the U.S. to gain U.S. citizenship. The parent could go through a U.S. consulate and the child would be issued a Consular Report of Birth Abroad. This is the document that was issued after my birth, and it confers U.S. citizenship. Another method would be to petition the U.S. Citizenship & Immigration Services for a Certificate of Citizenship. The beneficiary can use a single parent's U.S. citizenship in order to gain derivatively gain U.S. citizenship, although there are residency requirements for the parent. Adopted children can also gain a Certificate of Citizenship.
They would not be naturalized though, would they? On the site I linked it said something that if the father was born here, live more than 10 years here, [five of which after the age of 14] then his children born outside of the country would be naturalized citizens. Apparently it was put in place for ambassadors.

I'm more wondering if Cruz's mother would qualify. [it specifically states father]

[Philhelm]

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9679.html


INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH



Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899

[Philhelm]

They would not be naturalized though, would they? On the site I linked it said something that if the father was born here, live more than 10 years here, [five of which after the age of 14] then his children born outside of the country would be naturalized citizens. Apparently it was put in place for ambassadors.

I'm more wondering if Cruz's mother would qualify. [it specifically states father]

http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-22452/0-0-0-25044/0-0-0-25074.html


On May 24, 1934, Congress amended Section 1993 of the Revised Statutes so that children born abroad to parents, only one of whom was a United States citizen, would become citizens regardless of whether the citizen was the father or the mother. The 1934 amendment, however, was not retroactive. Subsection 101(a)(2) of INTCA amended the Immigration and Nationality Act (the Act) by adding a new subsection 301(h) to provide for the acquisition of United States citizenship from either parent for persons born ab road before noon (EST) May 24, 1934, to parents, only one of whom is a United States citizen.

Either parent can be used in order to derive U.S. citizenship at birth. I've also posted the requirements above, from the USCIS website.

Also, naturalization is the process in which an immigrant with a Permanent Resident Card (i.e. "Green Card") can apply for U.S. citizenship (Form N-400). An immigrant can apply for U.S. citizenship after being a permanent resident for five years, or three years if permanent residency is gained through marriage to a U.S. citizen. Citizenship gained through naturalization does not confer eligibility to become the President of the U.S.

When one applies for a Certificate of Citizenship (Form N-600), it is not a request for citizenship; rather, the issuance of the certificate acknowledges U.S. citizenship at a particular date. In other words, a Certificate of Citzenship does not grant U.S. citizenship, but provides documentation that the foreign-born child is a U.S. citizen.

[Philhelm]

They would not be naturalized though, would they? On the site I linked it said something that if the father was born here, live more than 10 years here, [five of which after the age of 14] then his children born outside of the country would be naturalized citizens. Apparently it was put in place for ambassadors.

I'm more wondering if Cruz's mother would qualify. [it specifically states father]

What are the facts in Cruz's situation?