Thursday, August 13, 2020

AULR natural born citizen

https://aulawreview.org/blog/natural-born-citizen/


The First Congress’s inaugural uniform naturalization statute became law on March 26, 1790.  The 1790 statute is the only U.S. national law other than Article II to use the words “natural born citizens.”  The use of those extinct words, coupled with the fact that the 1790 statute was enacted only two years after the Constitution’s adoption by a Congress that included several members who had played leading roles the Constitution’s drafting and ratification, explains its rightful prominence in all existing accounts of the meaning of the Natural Born Citizen Clause.

The particular context in which the words “natural born citizens” are used in the 1790 statute, however, had nothing to do with presidential eligibility.  The phrase was used in a secondary part of the statute to designate certain persons born outside of the United States who did not have to apply and meet the residence, oath, and good character requirements for any other person born outside the United States to become a U.S. citizen.[366]  The statute’s primary purpose was to specify these “naturalization” requirements.


Original meanings are rarely ascertainable, but this case is a rare exception.  The relevant historical evidence, which was exhaustively reviewed in this Article—Constitutional Convention debates, English common law, natural law, law of nations, canonical Anglo-American treatises like Blackstone’s and Kent’s, the 1784 Maryland Lafayette statute, the 1790 U.S. Naturalization Statute—all lead to the conclusion that the original meaning of “natural born Citizen” in Article II refers to a person either born in the United States, or outside it to a parent in government service or to a U.S. citizen father. 


https://www.theguardian.com/us-news/2016/jan/11/laurence-tribe-ted-cruz-donald-trump-citizen-president



https://harvardcrcl.org/reflections-on-the-natural-born-citizen-clause-as-illuminated-by-the-cruz-candidacy/


http://journaloflaw.us/1%20Pub.%20L.%20Misc./2-2/JoL2-3,%20PLM2-2,%20Tribe%20and%20Olson.pdf


https://media.philly.com/documents/Judge's+ruling+Ted+Cruz+to+remain+on+NJ+ballot.pdf

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