Understanding Citizenship by KrisAnne Hall, JD. Former Prosecutor – Constitutional Atty
Our Founders established the criteria of Natural Born Citizen upon our President for a very important reason. Natural Born Citizen meant, to our framers, a child born of two parents who were citizens of the United States at the time of the birth of that child. If you are not sure of this, or perhaps disagree, please read this article based upon fact & history before you go on: https://goo.gl/sFkKUm
A person who is born of just one parent who is a citizen of the United States is a citizen by birth, but not Natural Born Citizen. Someone cannot hold or have held dual citizenship with a foreign country and be a Natural Born Citizen. The fact that we are confused by this qualification, or perhaps even wish to alter this qualification, must be because we do not understand WHY this qualification was established in the first place. So, before we take a stand either way, we must consider the reasons why this qualification was established by the framers of the American Constitution.
The whole reason the president must be a Natural Born Citizen is because our framers had a history full of foreign kings imposing foreign law and foreign favor upon the people and they knew how dangerous foreign influence was to Liberty. George Washington spent a great bit of effort trying to drive this understanding home in his Farewell Address of 1796:
“Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government.” Click here to read more.
Reason why Barrack Hussein Obama, II, was not eligible to be President and why Ted Cruz and Marco Rubio are not eligible to run for the Presidency. By Fremont V Brown III
Barack Hussein Obama II is not a Natural Born Citizen because his Father was born 1936 in the British Colony of Kenya and Protectorate of Kenya (1920-1963), and was thus born a subject of the British Crown. If as it appears, Barack Hussein Obama II was also born in the Colony of Kenya, then he too was born a subject of the British Crown. Even if he were born in Hawaii, he still would not be a natural born citizen, because his Father was not a US Citizen. So he is not eligible to be President of the United States.
Rafael Eduardo “Ted” Cruz, was born in Calgary, Canada. Cruz’s father became a Canadian citizen during his residence in Canada. Once Cruz’s father returned to the US he renounced his Canadian citizenship.
But, what is very important is that Ted’s Father became a naturalized US citizen in 2005 long AFTER Ted was born. It is not necessary that a person be born within the US to be a Natural Born Citizen. WHAT is necessary is that his parents must already be Citizens of the U.S. at the time he was born. Vattel understood that US citizens might be abroad in the service of their Country and their child might be born in the foreign land. Since children inherit, as a matter of natural right, the status of their parents, the Child is BORN a US citizen. That is why John McCain is an NBC. His father, already a US citizen, was stationed in the Panama Canal Zone. His Mother, already a US Citizen, was living with her husband. So their son, John, was BORN a Natural Born Citizen.
Marco Rubio is not a Natural Born Citizen. Neither of his parents were U.S. citizens at the time of Rubio’s birth in 1971. His parents applied for U.S. citizenship and were naturalization in 1975, four years AFTER his birth.
Location of birth is always irrelevant. All that matters is the citizenship status of the parents. Both parents must be U.S. citizens.
Constitutional provisions:
Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States, under clause 5:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
The Twelfth Amendment states, “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
Citizen by Birth or Naturalization is not the Same as a NATURAL BORN Citizen!
Note: The Constitution can be “voided” ONLY if and when it is replaced by another Constitution. Acts do not trump the Constitution. This means the Constitution is the Supreme Law of the Land.
“The Naturalization Act of 1790 states quite clearly: a child born of a U.S.-born mother anywhere in the world is a U.S. citizen by birth and therefore a natural-born citizen,” Rafael Cruz said. – Washington Post, James Hohmann, August 31
Here is the wording of the Naturalization Act of 1790 – Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States. And 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: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.
U.S. Supreme Court, Minor v. Happersett, 88 U.S. 162 (1874)
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.” Minor v. Happersett, 88 U.S. 162, 168.
Note: The use of the word “CITIZENS” meaning both parents, not just one parent in the Naturalization Act of 1790 and U.S. Supreme Court, Minor v. Happersett, 88 U.S. 162 (1874) in order to be a natural born citizen.
Do you think that the reason that LIBERAL Academians that claim Ted Cruz is a Natural Born Citizen do not wish the public to be reminded that Obama’s birth parallels Cruz’s – that is only one parent was a U.S. Citizen? And He, Obama like Cruz is not a Natural Born Citizen.
For more on Natural Born Citizen from Publius Huldah and others see http://tarheelteaparty.org/?page_id=5436
If it’s important to anyone that we get back to following the US Constitution after Obama’s shredding of it, this is a critical issue. Our Constitution requires that our President and Vice President be Natural Born citizens; not just citizens, not “naturalized” citizens and not “citizens at birth.” Cruz knows the difference but voters don’t so the ruse is on. Obama got away with it so why not Cruz. Below is the perfect example of why our founders demanded Natural Born status for these two elected offices – loyalty to the nation you represent, not some foreign country. Is Obama loyal to the US? Lesson learned!
Is this guy eligible to be President? Like Ted Cruz, his mother is a US citizen! So, to quote Cruz: “My mother is a citizen therefore I am a citizen at birth and a natural born citizen.” With the Cruz definition, so is Prince Hamzan of Jordan. – – Jeanene Van Zandt
Fordham Law Prof: Ted Cruz Not ‘Natural Born’ Under ‘Originalist’ View of Constitution http://tarheelteaparty.org/?p=19364
Ted Cruz is not eligible to be president https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html?postshare=8831452621714930&tid=ss_tw
Click here to read: Rafael Edward “Ted” Cruz Family Timeline INELIGIBLE!
Natural born citizen status is inherited – it’s not bestowed by the Constitution or Acts of Congress. By Publius Huldah
1. Neither Obama, Marco Rubio, or Ted Cruz are natural born citizens. At the times they were born, their Fathers were not citizens. Location of birth is irrelevant. Those who insist that a person must be born within the US point to Section 212 of Vattel. But one must read all that Vattel wrote on the subject and which is contained in Sections 213-217.
A “natural born” citizen inherits his citizenship from his parents. Just as he inherits his eye and hair color from them, so he inherits his citizenship status. He is “born” with the hair and eye color his parents gave him, and he is “born” with the citizenship status they gave him. No provision in the Constitution made him a Citizen – no Act of Congress made him a Citizen – just as no provision in the Constitution or Act of Congress determined his eye or hair color. His citizenship, eye color, and hair color are all inherited from his parents. THAT’s what a natural born citizen is. READ all of the sections on this which Vattel wrote: By the law of nature alone, children follow the condition of their fathers; the place of birth produces no change in this particular. In my first paper The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew , you can find the links to Vattel and other original source documents illustrating the original intent of “natural born citizen”.
2. Our first generation of Presidents were all born as subjects of the British King. There were no US citizens until July 4, 1776 when we proclaimed our Independence. Art. II, Sec. 1, clause 5 contains a grandfather clause which permitted our first batch of Presidents to qualify. They were citizens at the time of the Adoption of our Constitution.
3. It appears that both of Donald Trump’s Parents were Citizens at the time he was born. It is irrelevant that his Mother was an immigrant: She came here from Scotland; and later became a US Citizen during 1942 – several years before Donald was born. Donald is a natural born citizen eligible to be President. [But because of the doctrine of coverture which prevailed at the time of our Framing, the status of Donald’s Mother is probably irrelevant.]
4. I found another article on this topic which is excellent: http://www.latimes.com/…/la-oe-lee-is-ted-cruz-eligible-to-…
5. Our Country would be so much better off if people would stop spouting off about this subject until after they become well-informed. And they can’t become well-informed until they have studied this carefully using original source documents and read all the original source documents I cite in my first paper.
And you must detach the result you want from your thinking when you are studying. TRUTH sheds its own Light – and you will NEVER get that Light until you love TRUTH above all things including the outcome you want. I am well aware of the disgraceful cases where peoples’ views on this issue are determined by whom THEY want for President.
Be sure to read the short article in the LA Times. The law professor author discusses the 3 ways of reading our Constitution:
original intent (yours truly);
textualism (the words mean what they mean today not what they meant when our Constitution was drafted & ratified);
it’s a living, breathing, evolving Constitution which means whatever the Judges, or whoever has the power, says it means.
Which are you? Think hard about the ramifications of each position before you decide.
Jan 17, 2016
Postscript added Jan 18, 2016:
People are confused about the effect of Sec. 1 of the 14th Amendment. I’ll explain:
There is a difference between:
a “natural born citizen” (who inherits his citizenship status from his parents by the “laws of nature” alone – like eye color); and someone who becomes a “citizen” by operation of a man-made Proclamation or law such as the Declaration of Independence, a clause in the Constitution, or an Act of Congress.
One of the purposes of Sec. 1 of the 14th Amendment was to extend citizenship to freed slaves. That generation of freed slaves became Citizens by operation of a man-made law: the 14th Amendment. So they became Citizens, but they were not “natural born” citizens, because they weren’t “born” as citizens from parents who were citizens.
However, after that first generation of former slaves became citizens, their children were “natural born” citizens because they were born of citizens.
Sec. 1 of the 14th Amendment has nothing to do with “natural born citizens”, i.e., those who are born of parents who are already citizens.
Sec. 1 of the 14th Amendment has to do with the creation of new Citizens by operation of man-made law.
Under some peoples’ misreadings of Sec. 1 of the 14th Amendment, illegal alien muslims could come here and drop a baby and the baby could later be President! Our Framers didn’t want that! They wanted only people who were born of parents who were already citizens to be eligible to be President. And supposedly we would have standards for deciding who qualified for Citizenship…. (https://publiushuldah.wordpress.com/category/natural-born-citizen/)
Click here to read: The Difference Between a U.S. Citizen and a Natural Born Citizen
Click here to read: Coulter: Cruz is not a natural born citizen.
If, the following is true, Ted is a Canadian Natural Born Citizen and NOT an American anything. His parents became Canadian Citizens two years before Ted was born in Canada.
1968 – Rafael B. Cruz becomes a Canadian citizen. In a stated in a NPR interview he had becomes a Canadian citizen. “I lived in Canada for 8 years and became a Canadian citizen in 1968.”
1968 or 1969 – Eleanor Elizabeth Darragh Wilson Cruz (I have not found a record of a marriage between Eleanor Darragh and Rafael B Cruz and believe they were never married in Louisiana, Texas or Canada) she becomes a Canadian citizen March 1968. Rafael and Eleanor can not use Common Law marriage because Rafael B Cruz is using that with current wife Julia Ann Garza Cruz.
Click here to read: Information on Cruz and his mother’s citizenship in Canada.
Click here to read: Rubio & Cruz Have Ballot Access Lawsuit Filed Against Them for Ineligibility.
Click here to read: Ted Cruz: Constitutionally Qualified to Be President?
Click here to read: Who Makes the Ruling that Someone is not Qualified for the Office of President of the United States?
Click here to read: The Natural Born Citizen Clause of Our U.S. Constitution Requires that Both of the Child’s Parents Be U.S. Citizens At the Time of Birth.
One universal point most all early publicists agreed on was natural-born citizen must mean one who is a citizen by no act of law. If a person owes their citizenship to some act of law (naturalization for example), they cannot be considered a natural-born citizen. This leads us to defining natural-born citizen under the laws of nature – laws the founders recognized and embraced.
Under the laws of nature, every child born requires no act of law to establish the fact the child inherits through nature his/her father’s citizenship as well as his name (or even his property) through birth. This law of nature is also recognized by law of nations. Sen. Howard said the citizenship clause under the Fourteenth Amendment was by virtue of “natural law and national law.”
Click here to read: Federalist Blog-Defining Natural-Born Citizen.
Click here to read: IRREFUTABLE AUTHORITY HAS SPOKEN.
Click here to read: Ted Cruz a ‘natural born Citizen’? Not if you’re a constitutional originalist.
Proof that Ted Cruz did not become a US citizen at birth, from a Canadian Citizenship angle. Click here to read article.
Click here to read about: Chap. III. — An act to establish an uniform Rule Of Naturalization.
Click here to visit: U.S. Citizenship and Immigration Services website.
Click here to read: British National Archives show a son was born to Obama Sr. in 1961 in Kenya.
Click here to read: Hawaii Official Now Swears: No Obama Birth Certificate.