Natural Born Citizen - Presidential Eligibility
- Beach Bum Philosopher
- Jan 16, 2016
- 2 min read

With all the made up controversy about the definition of Natural Born Citizen circulating on social media, I figured I would add my thoughts that will hopefully show the lack of critical thinking and the red herring it is. I consider myself a strict constitutionalist. I read the document and interpret what is written. I do not try to make educated guesses on what the Framers were thinking. To me those that go down the intent path usually fall into the camp that they do not like what the constitution provides so have to chase a ghost to inject what they want it to be.
So what does this topic really boil down to? It really comes down to this reality.
You have to answer a few questions.
Does the constitution define natural born citizen? The answer is no.
Does the constitution grant power to congress to define citizenship? Yes, in Article I, Sec 8 and the 14th Amendment
Did the first congress define natural born citizenship? Yes, in the Naturalization Act of 1790 and additionally in Title 8 of the U.S. Code, Section 1401. This is important because remember the first congress had some framers as part of it. That is why the Supreme Court usually refers to this.
The verbiage of their definition:
"And the children of citizens of the United States, that maybe 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"
Interestingly, this definition is also supported by British Common Law.
So as I point out Ted Cruz is a Natural Born citizen by our constitution not defining the term but giving congress the power to do so. The first congress did along with subsequent congressional legislation. So to say otherwise is really disagreeing with our constitution.
Remember the framers knew they didn't have all the answers so they gave powers in the constitution to the different branches and States. You may hate a candidate like Ted Cruz and wish he was not eligible, but by our constitution he is eligible.
It really is that simple and hopefully you will now see that those trying to disparage Cruz are doing so to distract you and really do not agree with the constitution.
Make Each Day Count!
Beach Bum Philosopher
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