Skylar
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- Jul 5, 2014
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Actually, as I've stated before, I would prefer the court apply the old common law standards. No one is a natural born citizen unless they are born to two citizen parents.
From what I have read, that was a common interpratation for some time.
there was ALWAYS an (s) on parents. As in two Ameican parents.
Nope. It was always place of birth. Here's the fundamental standard cited by the Supreme Court in Wong Kim Ark on the matter:
Wong Kim Ark said:The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "ligealty," "obedience," "faith," or "power" of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were mutual -- as expressed in the maxim protectio trahit subjectionem, et subjectio protectionem -- and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom. Children, born in England, of such aliens were therefore natural-born subjects.
United States v. Wong Kim Ark
With James Madison, the 'Father of the Constitution' affirming the same principle regarding allegiance, the beating heart of natural born status:
James Madison said:"It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other."
Article 1, Section 2, Clause 2: James Madison, House of Representatives
Place of birth is where citizenship is derived. Citizenship by blood isn't embodied in the constitution. But granted by statute. As the State Department makes ludicrously clear:
(2) Jus sanguinis (the law of the bloodline) - a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As U.S. laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.
http://www.state.gov/documents/organization/86755.pdf
So the question is whether citizenship that is NOT embodied in the constitution but instead granted by statute is 'natural born citizenship'.
If you use an originalist interpretation......Cruz has problems.
If you use the living document interpretation, Cruz has no problems.
Cruz is an originalist.