Saturday, August 17, 2013
Ted Cruz is not a "natural born citizen"
That
the “natural born Citizen” clause is based on undivided allegiance and
loyalty can be seen from how the Founders distinguished between
"citizen" and "natural born Citizen."
- Constitutional attorney Mario Apuzzo
U.S. Senator Ted Cruz was born in Canada to an American mother and a
father who was a citizen of Cuba
Ted Cruz is not a "natural born citizen" as is required by the U.S. Constitution to serve as president.
He
was born in Canada and his father was not a U.S. citizen. He insists
that he is a U.S. citizen, but he evades the clear importance of the
constitutional provision requiring the president to be a "natural born
citizen" - that is one who is "born in the country of parents who are citizens". This is the definition provided by Vattel in "The Law of Nations", one
of the principal reference works used by the Founders of this nation at
the Constitutional Convention, along with Adam Smith's "Wealth of Nations".
Vattel:
§ 212. Of the citizens and natives.
“The
citizens are the members of the civil society; bound to this society by
certain duties, and subject to its authority, they equally participate
in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.
As the society cannot exist and perpetuate itself otherwise than by the
children of the citizens, those children naturally follow the condition
of their fathers, and succeed to all their rights. The society is
supposed to desire this, in consequence of what it owes to its own
preservation; and it is presumed, as matter of course, that each
citizen, on entering into society, reserves to his children the right of
becoming members of it. The country of the fathers is therefore that of
the children; and these become true citizens merely by their tacit
consent. We shall soon see whether, on their coming to the years of
discretion, they may renounce their right, and what they owe to the
society in which they were born. I say, that, in order to be of the
country, it is necessary that a person be born of a father who is a
citizen; for, if he is born there of a foreigner, it will be only the
place of his birth, and not his country.”
U.S. Supreme Court (Minor v. Happersett):
"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. Some
authorities go further and include as citizens children born within the
jurisdiction without reference to the citizenship of their parents. As
to this class there have been doubts, but never as to the first. For the
purposes of this case it is not necessary to solve these doubts."
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