Most Read
    Image 01 Image 02 Image 03

    Ted and Marco eligibility – I can’t put this off any longer

    Ted and Marco eligibility – I can’t put this off any longer

    The analysis of the Natural Born Citizen clause in the Constitution as it applies to Ted Cruz and Marco Rubio.

    I promised to do this long ago, and did the research with the assistance of a former student, but couldn’t bring myself to actually write it up for multiple reasons:

    (1) it’s a subject which brings out the most vitriolic commenters and e-mailers (hey, why don’t we talk about a non-controversial subject instead, like Islam or Gay Marriage?) and I haven’t been in the mood;
    (2) views on the subject have become like religion, incapable of disproving;
    (3) I’ve generally been distracted, with each week bringing some new “crisis” to write about;
    (4) I’m lazy by nature;
    (5) the process of relocating from RI to NY started in March and continued through July, and sapped what little free time I had;
    (6) this isn’t actually my job,
    (7) I’m lazy by nature (but I repeat myself); and 
    (8) bullet-proofing the analysis against the inevitable criticisms requires more painstaking drafting than normally takes place on the internet.

    But it can’t be ignored anymore.

    Scorecard via MoFo Politics:

    If you’re keeping score at home…

    I may disappear for a couple of days or more to avoid distractions, but I’m committed to getting this done and published prior to the start of the semester in late August.

    NOTE ON COMMENTS:  I have reviewed the 103 comments to the prior post, so please don’t re-post the same stuff.  If you have anything truly new, feel free to post in comments here.


    Donations tax deductible
    to the full extent allowed by law.


    Csimpson | August 15, 2013 at 11:27 pm

    “…According to the State Department, the Cuban government does not recognize the U.S. citizenship of children born in the U.S. to Cuban parents and may subject such individuals who enter Cuba to a “range of restrictions and obligations, including military service” — which could result in an interesting predicament for a purported “natural born” Rubio should he ever travel there.”

    Geodkyt | August 20, 2013 at 5:17 pm

    Ted Cruz’s mother MET the residency requirements in place to pass US citizenship on to her son at birth, regardless of where she gave birth.

    People claiming that Rogers v. Bellei 401 US 815 (1971) apply haven;t actually read the opinion.

    The current “US citizenship at birth although born abroad” laws have been modifications to the original law passed as the Act of March 26, 1790 (1 Stat. 103) which declares that:

    A. Yes, you CAN be a “natural born citizen” who was born overseas with only ONE US citizen parent, and

    B. Congress has set restrictions on that (and it is these restrictions that get modified over time) that, if not met, void the citizenship (despite it being “native born”)

    What Rogers v. Bellei stated was that Bellei failed to meet the statutory requirements necessary to avoid having his US citizenship – although “native born” by virtue of his American mother, could be be withdrawn.

    In fact, Rogers v. Bellei was (in part) based on an case from 32 years earlier, Perkins v. Elg 307 US 325, 307 US 329 (1939), which stated that a native-born citizen who had acquired dual nationality during minority through his parents’ foreign naturalization abroad did not lose his United States citizenship “provided that, on attaining majority, he elects to retain that citizenship and to return to the United States to assume its duties.” [emphasis mine]

    So, “native born” citizens CAN be expatriated for choosing to live abroad after reaching adulthood (which was the case in Rogers v. Bellei), shooting down the whole idea that what happened to Bellei couldn’t have had “native born” citizenship because it was retroactively removed.

    Ted Criz is definately a “native born” citizen, according to 223 years worth of statutory law, and at least 74 years of Supreme Court precedent.

    Leave a Comment

    Leave a Reply

    You must be logged in to post a comment.

    Notify me of followup comments via e-mail (or subscribe without commenting.)

    Font Resize
    Contrast Mode
    Send this to a friend