General Discussion
In reply to the discussion: ABC Reporter Calls Out Ted Cruz: ‘Come on!’ The Shutdown Was Your Fault! [View all]Jim Lane
(11,175 posts)I agree with you that the obvious meaning of "natural born citizen" is someone who is a citizen at birth, regardless of any subsequent events (such as a naturalization proceeding or a change in the law).
You write, "You're a US citizen if either of your parents are a US citizen when you are born." That states the current law, but the law when Cruz and Obama were born was different. A child born outside the U.S. to one citizen parent and one noncitizen parent acquired citizenship at birth only if the citizen parent had lived in the United States for at least five years after attaining the age of 14.
This is why the born-in-Kenya foolishness arose. Obama's mother was only 18 when he was born, so she couldn't have met the five-year residency requirement. His father wasn't a citizen. Therefore, if he'd been born in Kenya, he would not have acquired citizenship at birth.
Cruz's mother was older. There's no real doubt that she had lived in the U.S. for at least five years after turning 14.
As a practical matter, though, can Cruz now prove that? I think that there was available, at the time of his birth, a procedure for obtaining a certificate of citizenship, but that his parents didn't bother to do it. The certificate isn't a prerequisite of citizenship. Obtaining it at that time, however, might have been easier.
For my part, I don't think I have any documents (lease, utility bills, etc.) to prove where I was living decades ago. I could certainly see somebody bringing a court challenge to Cruz's eligibility and demanding to see proof of his mother's residence before his birth in 1970. Supposedly she was working for Shell Oil in Houston. Would her sworn affidavit be sufficient? She's still alive but roughly 80 years old -- what if she dies before he runs? Does Shell still have employment records from the 1960s, and if so would that be sufficient, on the assumption that nobody would commute from Canada to Houston every day?
I'm sure he's eligible. Nevertheless, there's at least some opportunity for harassing him on this point, by supporters of other Republicans or by Democrats ticked at the whole birther thing.