This addendum was prompted by some responses by e-mail to the post titled Ted Cruz and the birther question — a lesson in original intent.
1. Ted Cruz‘s mother lived in Canada for only three years when Ted was born. She could not have been a Canadian citizen because that process takes a minimum of 5 years. So even if she did change citizenship afterwards (and there is no record of her ever applying for and being granted Canadian citizenship), she was still a US citizen when Ted was born — Ted is clearly a US citizen. And as his parents soon did move back to the US, his father obviously was and is a resident of the US — Ted is clearly a natural born US citizen.
2. 0bama is a citizen of the US because his mother was; it does not matter if he was born in Hawaii as he claims or in Kenya as his father’s family claims.
The law does NOT say the parent has to be older than the age of majority — 18 now, 21 back then — when her baby is born. So the question of 0bama’s mother’s age (under 18 when the baby was born) is irrelevant.
The brouhaha about his fake or real or doctored birth certificate was pointless. He must have had quite a laugh about it at the birthers’ expense.
0bama’s U.S. citizenship is not in question. His qualification to be POTUS is. Again, the two are not the same; the law also requires the father to be a resident of the US.
Was 0bama’s father ever a resident of the US? He was only a visiting student. I don’t remember if he was even in Hawaii for the birth; I think the record shows that the mother flew there alone, the father stayed in Kenya.
So on that count, 0bama does NOT meet the legal requirement to be POTUS. Missed it by THAT much.
Or not…; that question depends on the original definition of “resident in the US.” Does it mean or require that
(1) you live here, even for a short while; or
(2) you came here on a visa, even as just a visitor or student; or
(3) you live and work here, even if temporarily; or
(4) you were admitted as a legal immigrant and your legal status is “permanent resident” with a green card (which is the only path to US citizenship)?
As far as I know, 0bama’s Kenyan father was here only as a student, and he never wanted to be a citizen or even just a resident in the US.
So again, 0bama does NOT meet the legal requirement to be POTUS. Wouldn’t it be great if someone (Ted…?) filed a suit to invalidate everything 0bama ever signed as POTUS; every bill, every executive order, every international agreement,… Yea, pinch me and wake me up.
(Ted Cruz is on TV saying he will rescind every “illegal and unconstitutional” executive order 0bama ever signed. Note the qualification on that promise. If he wanted to, he could claim he found none such, and still claim he kept his promise. Sorry folks, I am very cynical when lawyers, even Ted with his solid record as Texas AG, make promises. I’d believe him if he had said “every EO, period.”)
3. Anchor babies may be US citizens by some hook or crook, such as a deliberately malicious misreading of the 14th Amendment, which the legislative record clearly shows was intended only to make sure States don’t deny citizenship to the newly freed slaves. According to the original law, anchor babies are not US citizens because neither of their parents are; and consequently they won’t be US citizens until they go through the immigration and naturalization process. And so they won’t ever qualify to be POTUS.
4. An interesting question arises about children of same-sex parents. But the answer is still simple common sense. If the child is a test tube baby, qualification to be POTUS depends on the sperm or egg donor (not the surrogate mother). If the child was adopted, qualification depends on the birth parents (not the adoptive parents).