George Washington and Founding Fathers on natural born Citizen

As Fordham Law professor Thomas Lee described in his LA Times Op-Ed of 10 January A.D. 2016, the Constitution can be "interpreted" by its text, as a "living Constitution" as liberals redefine it, or by "Original Intent"
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  Yes, Virginia (and Donald), Ted Cruz (and Barack Obama) are Ònatural born CitizensÓÉ In the cases of both Barack Obama and Ted Cruz, the mother was born in America, so both men are Ònatural born CitizensÓ, no matter if Obama was  born in Hawaii, or in Kenya. ÕTis so whether or not you believe, along with the team of Sheriff Arpaio, who exposed Òhigh techÓ tampering or forgery on the Hawaii birth document put forth by ObamaÕs White House staff, or  believe British Foreign Office records that suggest Obama was born in Kenya,  by virtue of his American mother, Obama is a Ònatural born CitizenÓ. (Note: I for one, hate to come to this realization, for I am no fan of Obama. The remaining questions relate to whether Obama became a citizen of Indonesia, questions if Òdual citizenshipÓ trumps Ònatural born CitizenÓ, questions on Obama being in Foreign Student status at Occidental or Columbia, and questions on what country passport did Obama use when he travelled to Pakistan.)  The same Ònatural born CitizenÓ status applies for Ted Cruz, born in Canada, for his mother was born in the State of Delaware. And note, Ted Cruz did not attend Princeton or Harvard on a foreign student visa. How so? Or Who says? Who says are the Founding Fathers. As a Constitution scholar, ÒMaster of American HistoryÓ  per The Washington Times, and student on President George Washington, President Thomas Jefferson, Chief Justice John Jay, and other Founding Fathers, that is my studied, careful conclusion. And some who have seen me and heard me speak say I have the mind (and the nose) of George Washington. The Ònatural born CitizenÓ language first appeared in the report of 4 September 1787 by the Committee of Eleven, one delegate from each state in attendance,   without explanation. It was not further debated by the Committee of Five, known as the Committee on Style, or by the entire Convention. George Washington, as President of the Constitution Convention, wrote to John Jay on 2 September 1787, saying, in part, ÒI thank you for the hints contained in your letter,Ó . (Referring to where Jay writes to GW on 25 July 1787. Jay wrote on, but did not define, Ònatural born Citizen.Ó)  Permit me to hint, whether it would be wise and seasonable to  provide a strong check to the admission of Foreigners into the administration of our national Government;  and to declare expressly that the Commander in Chief of the American army shall not be  given to nor devolve on, any but a natural born Citizen. of 14 ÒThe Spirit of George WashingtonÓ - ÒStatesÓ Manship, author, 26 January A.D. 2016  Yes, Virginia (and Donald), Ted Cruz (and Barack Obama) are Ònatural born CitizensÓÉ While  Òthis Constitution for the United States of AmericaÓ   was signed by Washington and the other delegates to the Convention on 17 September 1787, it was not ratiÞed by the required nine states until New Hampshire did so on 21 June 1788. Virginia ratiÞed on 25 June 1788, the tenth state, with New York the eleventh on 26 July 1788. Later, well after the Election, and Inauguration of George Washington as President on 30 April 1789, North Carolina ratiÞed on 21 November 1789 , and still later, on 29 May 1990, Rhode Island ratiÞed this Constitution .  James Madison, who with George Washington, were the primary architects of   this Constitution . In late 1789 , on a debate regarding William Smith of North Carolina,  born in the United States, but whose  parents were British Loyalists, on SmithÕs qualifications to be a Member of Congress, Madison wrote: ÒIt is an established maxim that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from  parentage;   but, in general, place is the most certain criterion; it is what applies in the United States É.Ó On 26 March 1790, in accord with its authority under Article I, Section 8 of this Constitution , Congress passed ÒAn act to establish a uniform rule of naturalizationÓ, 1 Stat. 103, where was stated:  And the children of citizens of the United States  that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens:  Provided, that the right of citizenship shall not descend to  persons whose fathers have never been resident in the United States...   Thus, as a child of an American Citizen, his mother, with his father Rafael Cruz having been a resident in the United States BEFORE (and AFTER) the baby was born (and Reverend Rafael Cruz later proudly a naturalized American Citizen), Ted Cruz Þts the deÞnition by the Founding Fathers of the First Congress, before the integral Bill of Rights were RatiÞed on 15 December 1791. James Madison, the Òfather of this ConstitutionÓ was one of those Þrst Members of Congress, who defined Ònatural born CitizenÓ in 1790, thus Senator Ted Cruz is eligible to serve American Citizens as a President of the United States of America.   of 24 ÒThe Spirit of George WashingtonÓ - ÒStatesÓ Manship, author, 26 January A.D. 2016  Yes, Virginia (and Donald), Ted Cruz (and Barack Obama) are Ònatural born CitizensÓÉ ÒAnchor BabiesÓ is a modern term for babies born in the territory of the 50 United States (that some may also include U.S. Territories or Commonwealth such as Puerto Rico), where neither parent is a U.S. Citizen. But what might English law commentator Blackstone have to say on the subject of ÒAnchor BabiesÓ being Aliens, not Citizens? [A] person, though born within the realm may yet be an alien , if he is born in circumstances that he cannot be held from the moment of his birth to owe allegiance to the king. Such, for instance, are the children of persons who, by the comity of nations ... are looking upon as being ex-territorial, e.g., a foreign sovereign or his ambassador or accredited minister; such also are the children of alien enemies, who, as members of an invading army, may have succeeded in occupying part of the KingÕs territory, for these cannot be considered to be even temporary subjects of the King, for where no protection can be claimed, no allegiance can be due. 48 1 BLACKSTONE , COMMENTARIES , Id. at 29-30. See also id . at 62-63 (listing as Ò[p]ersons born within the Realm or other dominions of the King who are aliens bornÓ as the children of a foreign sovereign, ambassador or other diplomat and children born in territory occupied by a hostile army);É  If an alien is not a Òlegal alienÓ, that is to say residing in the U.S.A. but  NOT in accordance with U.S. law, then the alien is an INVADER, a domestic enemy, not an ÒimmigrantÓ, for a true immigrant is legal; and no rights of ÒBorn on the SoilÓ confer to such Anchor Babies.   There may be some legal question as to a baby being a Ònatural born CitizenÓ if born in the U.S. of LEGAL aliens, who have no official capacity with another nation, such as an Ambassador, government minister, or military member, or even student on a visa; so the baby of a British or Canadian or Cuban or Kenyan or Indonesian or Saudi citizen  born in America would not be a Ònatural born CitizenÓ of the U.S. if neither parent were a U.S. Citizen prior to birth of the baby. Otherwise, some Saudi prince born in America would be a Ònatural born CitizenÓ. And if the mother were an American, even a prince could run for President, if there were no exclusion on dual citizenship in the laws for that Royal family.   of 34 ÒThe Spirit of George WashingtonÓ - ÒStatesÓ Manship, author, 26 January A.D. 2016  Yes, Virginia (and Donald), Ted Cruz (and Barack Obama) are Ònatural born CitizensÓÉ SOURCES: George Washington Papers, Online Version, at University of Virginia: print-04-05-02-0282   Washington, Ellis, ÒSen. Ted Cruz: a ÔNatural born citizenÕ?Ó January 14, 2016   Ramsey, Michael D. ÒThomas Lee on Originalism and Natural Born CitizensÓ, January 11, 2016,   Lee, Thomas, ÒIs Ted Cruz a 'natural born Citizen'? Not if you're a constitutional srcinalist.Ó Op-Ed in The Los Angeles Times, January 10, 2016   A provocative Op-Ed, yet Fordham Law Professor Lee poses the question well: Is Trump right? Cruz was born in 1970 in Calgary, Canada, to a U.S. citizen mother and a Cuban citizen father. As to his Article II status, it's all in how you read the Constitution. There are three leading theories of how to interpret the Constitution today. One is textualism: the Constitution means what its words say. The historical context of the words is important when a modern plain meaning is not self-evident.  A second theory, adopted by many liberals, relies on a Òliving ConstitutionÓ: the Constitution means what is most consistent with fundamental constitutional values as applied to present circumstances. The third theory, championed by many leading conservatives, is srcinalism: The Constitution means what ordinary people would have understood it to mean at the time it was ratified, which is 1788. Under either a textualist or a Òliving ConstitutionÓ theory, Cruz is a Ònatural born Citizen,Ó eligible to be president; under an srcinalist view, however, he isn't. It's the conservative theory that would exclude the conservative Cruz from presidential eligibility. [Actually, if you ARE a Òconstitutional srcinalistÓ, based on the deÞnition of the Founding Fathers of the FIRST Congress in 1790, Cruz IS a Ònatural born CitizenÓ.]   Ramsey, Michael D., University of San Diego Law School, professor The Original Meaning of 'Natural BornÕ, (January 7, 2016). Available at SSRN: or [Excellent, if long, 36 page discussion] Paul Clement & Neal Katyal, Ò On the Meaning of ÔNatural Born Citizen ,Õ Ó 128 HARV. L. REV. F. 161 (2015) (discussing fellow Harvard Law Alum, Ted Cruz). 1789 Debate on qualification of William Smith of NC to be member of congress, Abridgment of the Debates of Congress, from 1789 to 1856: p. 777, Volume 1   of 44 ÒThe Spirit of George WashingtonÓ - ÒStatesÓ Manship, author, 26 January A.D. 2016, or @1776Washington, or text to 703-672-1776
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