Friday, January 22, 2016
Although Cruz’s mother was an American citizen, Trump has questioned Cruz’s Citizenship since he was born in Canada. Cruz himself has alluded to the fact that Rubio’s parents were not citizens at the time he was born
The only mention of citizenship in the original constitution is in Article II, Section1 “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President”
The 14th Amendment states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
There is no mention in the Constitution about an individual born outside the US.
It is assumed that the principle of jus sanguinis.which holds, “a person born outside a country, one or both of whose parents are citizens of the country, is also a citizen”. Or to rephrase: “If one or both of a person's parents are citizens of a given state, then the person may have the right to be a citizen of that state as well
This has been applied in principle through Congressional legislation. Reference http://www.uscis.gov/us-citizenship/citizenship-through-parents
Rubio’s right of citizenship should be less questionable due to the 14th Amendment, but that has been challenged by restrictive laws aimed at various ethnic groups.
However in 1898 in the case of United States v. Wong Kim Ark, 169 U.S. 649, the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th Amendment, if that person: Is born in the United States, Has parents that are subjects of a foreign power, but not in any diplomatic o r official capacity of that foreign power, Has parents that have permanent domicile and residence in the United States Has parents that are in the United States for business
The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment, but it has generally been assumed that they are.
Truly, all this talk about citizenship is bombastic nonsense.