Explain the Trump/Cruz Birther Thing?

[RJ]

Can someone explain the Trump/Cruz Birther Thing?

Cruz says he is "natural born" due to his being born of American Parents (Mother, at least) in Canada. Trump says he needs a 'declaratory judgement', whatever that is.

Section 1 Article Two of the Constitution sez:

"...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.'

https://en.wikipedia.org/wiki/Natural-born-citizen_clause

Now, here is where I have a question, from personal experience, that I am confused about.

Like probably some of you Service Brats, I was born in the 50s in West Germany of American Parents. I hold a citizenship because I was naturalized in 1967 on arrival in the US when my dad moved back to the states to work in Washington DC. I have a German Birth Certificate, Naturalization Certificate and a US Passport.

My son was born in Portsmouth England in the 90s, to my ex and I, i.e. American parents, while I was on a multi-year assignment in the UK. We took him to the American Embassy in Grosvenor Square in London when he was about 6 months, and swore in front of the United States Marine, that he was our son. He received a US Passport on the spot. He has an English Birth Certificate.

So, I am a bit confused. Is my son natural born? I assume so?

What happened between the 50s and the 90s that (apparently) affected the "natural born citizen" status of those born overseas (like me vs. Ted Cruz).

Any Constitutional Scholars here (I am not one) able to explain all this?

Does Trump have a point, and will Cruz have to get one of these Declaratory Judgements?

I just thought it was topical, and kind of interesting since both my son and I were born overseas...I have resigned myself to the fact I will never be President...:cool:

[Kukuforguns]

Here's the take of one constitutional scholar. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/07/yes-ted-cruz-is-a-natural-born-citizen/

Since the issue has never been litigated with respect to the Chief Executive, the issue is open to debate. I side with the conclusion that you and your son both are natural born citizens. I also was born out of country to US citizens working on behalf of the US government.

[john c]

This issue last came up in 2008 with John McCain. He was born in the Panama Canal Zone while his dad was stationed there. Donald Trump wasn't running at the time, though, so the issue didn't come up very seriously.


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[Dagga Boy]

Here's the take of one constitutional scholar. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/07/yes-ted-cruz-is-a-natural-born-citizen/

Since the issue has never been litigated with respect to the Chief Executive, the issue is open to debate. I side with the conclusion that you and your son both are natural born citizens. I also was born out of country to US citizens working on behalf of the US government.

The "citizen at birth by the parents citizenship rather than coming from elsewhere and going through naturalization" has been my understanding as well......coming from a whole family, including my mother born in the Panama Canal Zone. We did briefly consider starting to claim "Hispanic" after Carter gave it away, yet still Natural born Citizens. If you look at when this was written and what it was based on was the British law. The British Empire was huge at the time, and many British citizens were born away from England, including in the American colonies. They were considered Natural Born British citizens by the citizenship of their parents, rather than the location they were born.

What is funny is I really didn't have an issue with President Obama and his birthplace, but the one that is still a big fat secret......how did he go to school and was it as a foreign exchange student? Which is what really pissed me off about how the press went after Carson.....because we cannot possibly let the Republicans have a black presidential candidate:mad:.

[Tom Duffy]

My understanding is that Cruz was born in Canada of a Cuban father and a mother who, while born in the United States, had moved to Canada and resided there for several years before Cruz's birth. Cruz's citizenship doesn't matter to me one way or another. I'm sure the Supreme Court will figure it out, if necessary.

[RoyGBiv]

"Naturalization" is a pretty well defined process. If you didn't have to go through it, you're"Natural born".

Next topic?

[Dagga Boy]

"Naturalization" is a pretty well defined process. If you didn't have to go through it, you're"Natural born".

Next topic?

Pretty much. Now about President Obama's college records? Still a real mystery along with much of Hilary's college writings.

[HCM]

"Naturalization" is a pretty well defined process. If you didn't have to go through it, you're"Natural born".

Next topic?

Pretty much this^^^.

One can be a natural born citizen by birth on U.S. Soil (Jus Soli) or by the bloodline of their parents (Jus Sanguinoius).

A natural born citizen of the U.S. As opposed to someone who started as a citizen of another country and became a U.S. Citizen by operation of law.

For children born abroad to U.S. Citizen parents serving in or dependants of the U.S. Military or in U.S. Government service Jus Sanguinis is pretty straightforward. Rich you and your son would both be considered natural born citizens.

For U.S citizens simply living abroad there are U.S. residency requirements which have changed over time. It is complex enough there is a chart used to determine U.S. Citizenship in these cases. You follow the chart. The chart does not lie.

Repeat after me, "The. Chart Does Not Lie".