Breaking: NJ Judge Admits He Never Read Briefs That Ted Cruz Was Not A Natural Born Citizen

[Liquid Reigns]

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Cruz automatically became a citizen because he entered the US prior to age 18 and lived with his US Citizen mother.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was p

Then what is the need for 8USC1431 and 1433?

 

[Liquid Reigns]

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Cruz automatically became a citizen because he entered the US prior to age 18 and lived with his US Citizen mother.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was p

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

There is no such thing as a statutory citizen- there are only natural born and naturalized.

And Cruz was never naturalized.

According to Justice Gray in the WKA there are only 2 ways to become a US Citizen, born in the US or Naturalized via the 14th Amendment, to which the 14th is merely declaratory of existing law.

 

[Liquid Reigns]

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Had Cruz not entered the US prior to age 18, his US citizenship would have been acquired.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

You have no idea what you posted, do you?

:yawn: You have no idea of laws, do you? :yawn:

I accept your concession of defeat.

You're one of those stupid fucks.

 

[JakeStarkey]

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Had Cruz not entered the US prior to age 18, his US citizenship would have been acquired.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

You have no idea what you posted, do you?

:yawn: You have no idea of laws, do you? :yawn:

I accept your concession of defeat.

You're one of those stupid fucks.

You are a puerile and silly, immature person.

Read this: "(a)Application by citizen parents; requirementsA parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title. "

This does not apply because Cruz had acquired the second he was born to his American mother.

 

[Liquid Reigns]

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Cruz automatically became a citizen because he entered the US prior to age 18 and lived with his US Citizen mother.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was p

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

 

[Liquid Reigns]

Had Cruz not entered the US prior to age 18, his US citizenship would have been acquired.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

You have no idea what you posted, do you?

:yawn: You have no idea of laws, do you? :yawn:

I accept your concession of defeat.

You're one of those stupid fucks.

You are a puerile and silly, immature person.

Read this: "(a)Application by citizen parents; requirementsA parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title. "

This does not apply because Cruz had acquired the second he was born to his American mother.

So you don't account for 1431?

(a) In general A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1)
At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2)
The child is under the age of eighteen years.
(3)
The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.​

Cruz may have acquired his citizenship at birth, yet he still had to meet stipulations, i.e. enter the US prior to age 18 and live here legally with his parent(s). These are specific requirements of the child of a US Citizen Mother and Foreign National Father which were married and living outside the US when the birth happens.

Do you even comprehend 1431? SMFH Cruz lived in Canada until he was 4, he didn't reside in the US until 1974, so once he began to reside in the US his US Citizenship became automatic.

 

[JakeStarkey]

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Cruz automatically became a citizen because he entered the US prior to age 18 and lived with his US Citizen mother.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was p

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

 

[Liquid Reigns]

Cruz automatically became a citizen because he entered the US prior to age 18 and lived with his US Citizen mother.
8 U.S. Code § 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date
8 U.S. Code § 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was p

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

 

[JakeStarkey]

child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was p

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

LR, you are describing yourself. Th law is clear: if you are the child born of an American parent, your citizenship is clear. You can show no finding by SCOTUS to the offer effect. Wong Kim Ark certainly does not change that. You are allowing your 'feelz' to overwhelm your common sense.

 

[Liquid Reigns]

LR, you are describing yourself. Th law is clear: if you are the child born of an American parent, your citizenship is clear. You can show no finding by SCOTUS to the offer effect. Wong Kim Ark certainly does not change that. You are allowing your 'feelz' to overwhelm your common sense.

Wong Kim Ark is the defining SCOTUS opinion.SMFH

The law is not clear in any since of the word, children born out of the jurisdiction to a US Citizen parent, some acquire citizenship, some don't. You keep dismissing 8USC1431, why?

Had Cruz's mother went to the US Consul in Canada and gotten a CRBA then there would have been little question, however since she failed to do that and "Teddy" entered the US on her Passport, it wasn't until that time that he became a US Citizen, per 1431. Prior to that he was a Canadian Citizen and he retained that citizenship while acquiring his US Citizenship once he entered and resided in the US.

 

[Syriusly]

child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was p

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

If according to Wong Kim Ark, Cruz is not eligible- then McCain would not have been eligible either.

For the exact same reason.

 

[Syriusly]

LR, you are describing yourself. Th law is clear: if you are the child born of an American parent, your citizenship is clear. You can show no finding by SCOTUS to the offer effect. Wong Kim Ark certainly does not change that. You are allowing your 'feelz' to overwhelm your common sense.

Wong Kim Ark is the defining SCOTUS opinion.SMFH

The law is not clear in any since of the word, children born out of the jurisdiction to a US Citizen parent, some acquire citizenship, some don't. You keep dismissing 8USC1431, why?

Had Cruz's mother went to the US Consul in Canada and gotten a CRBA then there would have been little question, however since she failed to do that and "Teddy" entered the US on her Passport, it wasn't until that time that he became a US Citizen, per 1431. Prior to that he was a Canadian Citizen and he retained that citizenship while acquiring his US Citizenship once he entered and resided in the US.

No- he was always a U.S. citizen- the United States just didn't know it yet.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

 

[Liquid Reigns]

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

If according to Wong Kim Ark, Cruz is not eligible- then McCain would not have been eligible either.

For the exact same reason.

Wrong. Both of McCain's parents were in the Military, they would have held ligeance to the King (Govt).

 

[Syriusly]

I don't get it. I have dual. As does my husband. But here is the tricky part. Canada did not recognize dual citizenship until 1977. And I'm no birther but they better have their shit wired tight in the Cruz camp because up here Cruz was only ever recognized as Canadian by birth.

How and when was his American citizenship granted to him? No one has come forth with this information.

Cruz's citizenship was granted to him when he entered the US on his mothers US Passport at the age of 4. Had his mother registered his birth with the US Consul in Canada he would have had a US Birth certificate. He acquired his citizenship via statute, the 1952 INA. Birth Abroad.

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

So lets refer to Section 301(g)

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH | USCIS
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:
(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:

Citizens at Birth.

Cruz meets the requirements of Sec 301 G- so he was a U.S. citizen at birth- regardless of when the United States recognized his citizenship.

 

[Skylar]

Thus proving he was naturalized via statute. A statutory Citizen (Bestowed by man's pen/Positive law) can never be made into a natural born citizen (Bestowed by God/ Natural law).

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

If according to Wong Kim Ark, Cruz is not eligible- then McCain would not have been eligible either.

For the exact same reason.

Canada was not an unincorporated territory of the United States. The Panama Canal Zone was.

 

[Syriusly]

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

If according to Wong Kim Ark, Cruz is not eligible- then McCain would not have been eligible either.

For the exact same reason.

Wrong. Both of McCain's parents were in the Military, they would have held ligeance to the King.

We don't have a king.

John McCain was not born in the United States, and would not have been a U.S. citizen because of the 14th Amendment to the U.S. Constitution- which is what Wong Kim Ark stipulated.

He was a citizen because of Congressional action- which interestingly made him a citizen retroactively.

 

[Steve_McGarrett]

I don't get it. I have dual. As does my husband. But here is the tricky part. Canada did not recognize dual citizenship until 1977. And I'm no birther but they better have their shit wired tight in the Cruz camp because up here Cruz was only ever recognized as Canadian by birth.

How and when was his American citizenship granted to him? No one has come forth with this information.

Cruz's citizenship was granted to him when he entered the US on his mothers US Passport at the age of 4. Had his mother registered his birth with the US Consul in Canada he would have had a US Birth certificate. He acquired his citizenship via statute, the 1952 INA. Birth Abroad.

Cruz acquired his citizenship at birth- regardless of when the United States officially recognized his birth.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.

Note- the 'at birth'. Note also the word 'should'
The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad

That is not a statutory requirement.

What were the statutory requirements?
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

So lets refer to Section 301(g)

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH | USCIS
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:
(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:

Citizens at Birth.

Cruz meets the requirements of Sec 301 G- so he was a U.S. citizen at birth- regardless of when the United States recognized his citizenship.

Hence making him a naturalized citizen at birth by statute.

 

[Syriusly]

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

If according to Wong Kim Ark, Cruz is not eligible- then McCain would not have been eligible either.

For the exact same reason.

Canada was not an unincorporated territory of the United States. The Panama Canal Zone was.

The Panama Canal Zone was no more a part of the United States for the purposes of the 14th Amendment than was Guam- and less so than Puerto Rico is.

Which is why Congress had to pass a law providing for citizenship of those born in the Canal Zone

In 1937, Congress addressed the problem, enacting a law that granted citizenship to people born in the Canal Zone after 1904. That made Mr. McCain a citizen, but not one who was naturally born, Professor Chin said, because the citizenship was conferred after his birth.

Note- I am not arguing that McCain is not a natural born citizen- I am arguing that both Cruz and McCain are- for the same reasons.

 

[Skylar]

He is a natural born citizen solely by being the son of an American citizen. There is no such thing as "naturalized by Positive law" as you suggest. However, show us some solid case law that supports your position.

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

If according to Wong Kim Ark, Cruz is not eligible- then McCain would not have been eligible either.

For the exact same reason.

Wrong. Both of McCain's parents were in the Military, they would have held ligeance to the King.

No it wouldn't. Parentage doesn't establish 'ligeance to the king'. Place of birth does. The standards followed by the founders in English common law defined natural born status as being born under King's allegiance and subject to his protection. Even if both your parents were aliens.

The Panama Canal Zone was, however, an unincorporated territory of the United States. All the territories of the US are part of the United States per Longborough v. Blake.

 

[Skylar]

Wong Kim Ark

United States v. Wong Kim Ark

The Fourteenth Amendment of the Constitution, in the declaration that

all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,

contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

The power of naturalization, vested in Congress by the Constitution, is a power to confer citizenship, not a power to take it away. "A naturalized citizen," said Chief Justice Marshall,

becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.​

Does not mean a thing when applied to Curz, or McCain, or Obama.

They all had American parents. End of story.

McCain was born to 2 American Citizen parents in US Territory in the Military.
Obama was born in Hawaii, a US State to a US Citizen mother and Legal Immigrant father.
Cruz was born to an American Citizen mother in Canada, out of the jurisdiction of the US.

As I stated earlier, you know nothing of US Law. You can't even read a SCOTUS Opinion defining citizenship.

If according to Wong Kim Ark, Cruz is not eligible- then McCain would not have been eligible either.

For the exact same reason.

Canada was not an unincorporated territory of the United States. The Panama Canal Zone was.

The Panama Canal Zone was no more a part of the United States for the purposes of the 14th Amendment than was Guam- and less so than Puerto Rico is.

It was a territory of the United States, under the jurisdiction of our laws. As Longborough v. Blake makes clear, the United States consists of the States and Territories.

The power then to lay and collect duties, imposts, and excises may be exercised and must be exercised throughout the United States. Does this term designate the whole, or any particular portion of the American empire? Certainly this question can admit of but one answer. It is the name given to our great republic, which is composed of states and territories.

Thus, any territory of the United States is the United States.