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Originally Posted by xtb
Is there a type of US citizenship other than "natural born" or "naturalized"? Since Ted Cruz was never "naturalized", and if he is not a "natural born" citizen, how did he become a US senator?
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Well, that's the question. No question he is a citizen, but is he a natural born citizen? And crucially, even if he is to be considered a "natural born citizen" because there is a law that says he is to be considered as such even though born outside the U.S., if that is the only reason, then that's not good enough when it comes to the Presidency. He must be a natural born citizen ACCORDING TO THE CONSTITUTION, not any law passed by Congress. Reversing it, if Congress could pass a law right now saying that foreign born to US citizen parents are definitely NOT natural born citizens (and it were to be accepted by the courts as valid), then Ted Cruz is ineligible. Even though such a law would probably only be going forward to babies not yet born, it would show that since Congress has the ability to take away that "natural born" status (for foreign born babies, anyway), then it must have been granted by them in the first place rather than the Constitution. Which means that even if Ted Cruz is to be considered BY LAW natural born for every purpose, there is still one exception to that the law cannot touch -- the Constitutionally defined eligibility parameters of the Office of President. Congress cannot redefine the presidency through law -- that's the separation of powers.
As far as the naturalized thing, there is some question whether the law is instantly naturalizing you at birth without paperwork or whether you are actually natural born directly. But as I say, only if the court decides that foreign born babies to US Citizens are and have been natural born citizens past, present, and future (barring a Constitutional amendment in the future) ACCORDING TO THE CONSTITUTION -- and that no law Congress passes can alter that or regulate it because such a law would be unconstitutional -- is Ted Cruz eligible. And they could decide whatever they want. Even "birthright citizenship" for those born on US Soil -- we assume that is not debatable, right? But it could be. "Natural born citizen" has NO specific definition anywhere, and we certainly know from history that once in a while the court will just make shit up to make the law of the land what they think it ought to be. So what they might decide would be anyone's guess. (And the given reasons why would be anyone's guess -- this line of thinking I'm outlining might not even be considered at all.)
Who knows? But I think the idea that it is just a slam dunk that of course he is eligible is not true. It simply has never been decided.
