January 27, 2016

IMMIGRANTS NEED NOT APPLY:

Ted Cruz Isn't a 'Natural Born' Citizen (Robert Clinton Jan. 27, 2016, US News)

The more natural reading of the language and original understanding of the "natural born" citizenship requirement therefore would seem to be that one needed to be born, as the 14th Amendment put it, "in the United States," rather than that one had an American parent. The Constitution, as opposed to any statute, prescribes birthright citizenship, not lineage, as the constitutional definition of acquiring citizenship at birth. Any statute expanding that definition to take into account the massively increased mobility of American citizens since the rural agrarian roots of the Constitution in 1787 would provide a means of automatic naturalization. In short, the framers of both the original Constitution and the 14th Amendment seem to have distinguished between constitutionally and legislatively conferred citizenship. Those who acquire their citizenship by virtue of birth in the United States are, according to the 14th Amendment, constitutionally conferred citizens, which also seems to be the original understanding of "natural born" citizens. All others must secure their citizenship through legislative enactment, i.e. naturalization, whether with or without any required process or prerequisites.

The irony, of course, which cannot be lost on Sen. Ted Cruz, is that under the Constitution anyone born in the United States to a set of undocumented immigrants has a much clearer and more certain legal entitlement to run for president of the United States than he does. No wonder Cruz has railed against birthright citizenship, even though it is expressly contained in the first sentence of the 14th Amendment, a document he swore an oath of office to uphold.

Posted by at January 27, 2016 3:21 PM

  

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