OPINION: Just who's a natural born citizen?

I am prompted to write this letter as a result of Ted Cruz’ recent statement that he is a natural born citizen and eligible to be President of the United States, claiming that it is “settled law” — which it is not and, in addition, is a bald-faced lie.

On June 18, 1778, Alexander Hamilton presented his Propositions for a Constitution of Government which did not include any eligibility requirements for the supreme executive authority of the United States — the president and commander in chief. Five weeks later, on July 25, 1778, John Jay wrote a letter to Gen. George Washington suggesting that the position of commander in chief of the American army should not be given to anyone but a natural born citizen. On Sept. 2, 1778, Washington responded to Jay, thanking him for his suggestion. Two days later, Sept. 4, 1778, the “natural born citizen” requirement appeared in the draft of the Constitution.

The definition of a natural born citizen is found in “Law of Nations” (Chapter 19, Section 212) and is thus incorporated into the U.S. Constitution (Article 1, Section 8) by reference: “The natives, or natural born citizens, are those born in the country to parents who are citizens.”

The U.S Supreme Court in Minor v. Happersett (1872) stated: “…it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural born citizens, as distinguished from aliens or foreigners.” This definition of a natural born citizen established a binding precedent.

I have been following the natural born citizenship issue since Obama burst on the scene in 2008. It does not take an army of so-called legal experts and constitutional lawyers to understand the definition, but plenty of them would simply like to see the term “natural born citizen” redefined to be something other than what it is.

Examples of persons who are not natural born citizens:

Obama: Not a natural born citizen since father was British subject. Probably born in Kenya. May have claimed U.S. citizenship through mother and some sort of Hawaiian statute. Probably gave up U.S. citizenship when in Indonesia. All documents sealed. Therefore, he has something to hide. I believe the courts will not touch this issue because they would have to rule against Obama and declare him ineligible and a usurper of the office of the president with all the unintended consequences involved.

Rubio: U.S. citizen by birth, but not natural born citizen. Parents were not citizens when Marco Rubio was born. Marco claims this only applies to illegal immigrants, whereas his parents were legal immigrants. Not a chance, Marco.

Cruz: Born in Canada to U.S. citizen mother and Cuban father. The Cruz situation is very similar to that of my own son who was born a Belgian citizen in Belgium to a Belgian citizen mother. I went to U.S. Consulate and filled out paperwork to “claim” my son’s U.S. citizenship through me as his U.S. citizen father. After providing all the necessary proof documents — and fulfilling certain “statutory requirements” — my son was issued a Consular Report of Birth Abroad (CRBA) or Form FS-240 designating him a U.S. citizen — but not a natural born citizen. A natural born citizen does not have to fulfill any “statutory requirements” to become a natural born citizen. It happens automatically via the simple definition of natural born citizen.

Cruz was born a Canadian citizen in Canada. In order for Cruz to “claim” U.S. citizenship through his U.S. citizen mother, she would have had to go through the same process I did. If Cruz is a U.S. citizen he must have a Form FS 240. If so, Cruz is a citizen, but not a natural born citizen.

Harry Solomon is a resident of Bigfork.