Bill Richardson: Ted Cruz Shouldn't Be Described As Hispanic

07 May 2013 22:01 #11 by PrintSmith
I am of the opinion that there is a distinction between native born and natural born citizens. i would place Obama, Rubio and Cruz under the classification of native born, not natural born.

It takes a bit to explain. The framers drew a clear distinction between natural law and man-made law. That is why the Constitution only delegates to Congress the ability to establish uniform rules for naturalization. Congress doesn't have the power to declare who is or who is not a natural born citizen by virtue of the fact that any law they enact is a man-made law, not a natural law. At best the laws of Congress would be a declaration of recognition for what natural laws are. Congress may not strip a natural born citizen of their citizenship because they are a citizen as a result of the laws of nature, not the laws of man. The 14th Amendment is also man made law, not natural law, and as such, it is only part of the process of the uniform rules for naturalization to define who is a citizen. What the 14th Amendment does is grant citizenship through the process of naturalization for those who are not natural born citizens. It is the supreme law of the United States, but it is still a law created by man, not by nature. An act of politics is not synonymous with an act of nature.

If we were to define "natural born citizen" as synonymous with "citizen at birth", then the definition is reliant upon statutory law, not natural law. The statute is something which can be changed, which lies in direct opposition to the fundamental distinction between laws of nature and laws of man. The premise of the founders and framers were that natural rights were not something bestowed by the government and thus they were something which the government could not take away. If changing a statute changes who is or who is not a "natural born citizen", then it is not a natural law.

The "natural born citizen" requirement was inserted to ensure that no one of divided loyalties could ever hold the office of president. One who is subject to being claimed by a sovereign foreign to this nation, either as a subject or as a citizen, can't meet that requirement. In the case of Obama, Rubio and Cruz, at least one of their parents were claimed by a foreign sovereign as either subject or citizen and by common law, so too are their progeny. That precludes the possibility of undivided loyalty to the United States, which is why I don't believe any of them are natural born though all are native born.

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08 May 2013 07:01 #12 by FredHayek
We don't need none of the furriners running our country, right? lol

Probably meant a lot more when we were a young, poor country, didn't want some Euro coming over here and buying an election.

Now we have plenty of Americans wealthy enough to buy an election.

Thomas Sowell: There are no solutions, just trade-offs.

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