Monday, January 11, 2016

Natural Born


There has recently been some kerfuffle over the eligibility of Ted Cruz for the office of the President based on his birth in Canada and whether or not he meets the definition of "natural born" under Article II of the Constitution. Ted Cruz renounced his Canadian citizenship on May 14th, 2014.

What do you think the term "natural born" means?

My personal opinion based on current law and precedent, is that if you are a citizen without having to go through the naturalization process, then you are natural born.

To perhaps put it in historical perspective, the Naturalization Act of 1790 stated "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." The 1795 Naturalization Act did however remove the term "natural born" and simply stated "the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States".

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