Leave it to Donald Trump to screw up his latest line of attack on Ted Cruz. Remember when the Obama birth certificate was the hot item? I mean there was such a discussion about how long it should be, how much information there needed to be on it, as if the size of the certificate made any difference? The fact that he had a document proving he was born in Hawaii wasn't good enough for the true blue birthers. It had to the right kind, right size, had to be an original, not a copy. So much attention to detail. Of course this was all bogus, including Trump's so called investigation which turned up nothing even though he kept saying his investigators were turning up tons of information. Believe me, if Trump had found anything at all he would have broadcast it to the world.
And now he's turned his attention to the Canadian born Ted Cruz. But this time, incredible as it may sound he doesn't demand to see Cruz's birth certificate, and that's where his ignorance shows.
You see, he is assuming that Cruz has a Canadian birth certificate and since we all know he was born there, that wouldn't advance his narrative. But what he doesn't seem to know, that when American citizens are born abroad, their parents have to register them with the nearest US consulate. The Consulate then issues what amounts to a birth certificate that states that an American was born on foreign soil. The positive proof that a person is a natural born citizen. There is no doubt about it.
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| Could Cruz be disqualified? |
But here's the rub. Since Cruz has not produced this document, it remains to be seen if his mother bothered to register her son with the American authorities in Canada.
So it could be that Trump is on to something but is too ignorant to close the deal. Some deal closer. He can't even close the deal on Cruz's citizenship so how is he going to fare closing deals with Vladimir Putin?
You see, even though you are qualified to claim US citizenship if you are born abroad and at least one parent is an American citizen, it is not automatic. You have to be registered with the American consulate. It remains to be seen if his mother did this or not. And it is easy to find out. Because the "natural born" part means that you are American from birth. If you acquired US citizenship later in life you are not "natural born." It's very simple but Trump is mostly hot air and no substance, no knowledge, and surrounds himself with morons. Not a great combination for a future President.
Ted Cruz was legally born a Cuban because of his father. Mothers are not considered when determining "Natural-Born" Citizenship.
ReplyDeleteExtending citizenship to non-citizens through birth based solely upon locality is nothing more than mere municipal law that has no extra-territorial effect as proven from the English practice of it. On the other hand, citizenship by descent through the FATHER is natural law and is recognized by all nations (what nation doesn’t recognize citizenship of children born wherever to their own citizens?). Thus, a natural-born citizen is one whose citizenship is recognized by law of nations rather than mere local recognition.
Chairman of the House Judiciary Committee, James F. Wilson of Iowa, confirmed this in 1866: “We must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except that of children born on our soil to temporary sojourners or representatives of foreign Governments.”*
When a child inherits the citizenship of their FATHER, they become a natural-born citizen of the nation their FATHER belongs regardless of where they might be born. It should be pointed out that citizenship through descent of the FATHER was recognized by U.S. Naturalization law whereby children became citizens themselves as soon as their FATHER had become a naturalized citizen, or were born in another country to a citizen FATHER.
Yes, birth is prima facie evidence of citizenship, but only the citizenship of the nation the FATHER is a member.
* Temporary sojourners like transient aliens were a description applied to aliens other than resident aliens. The difference being temporary aliens were here for temporary purposes, such as work, travel, visitation or school, who had no desire to become citizens or was prevented from becoming citizens by law. Resident aliens were those who desired to become citizens and had renounced their prior allegiances and had taken the legal steps to become citizens or reside within some state per state law.
UPDATE: In regards to questions about the citizenship of the mother: Mothers citizenship rarely ever influenced the citizenship of their children except in certain situations such as the father dying before the child was born or when the identity of the father was unknown.
Citizenship through the father was indeed a practice before women had any rights. However, women have become equal to men under the law and consequently the laws are applicable to both parents equally.
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