Get Rid of the Natural Born Citizen Requirement for President

Is Canadian-born Ted Cruz constitutionally eligible to be president?

The Constitution says, “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…”

There are smart people on both sides of the issue.

Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute, argues yes, because his mother was born in Delaware and lived most of her life in the United States.

So the one remaining question is whether Ted Cruz was a citizen at birth. That’s an easy one. The Nationality Act of 1940 outlines which children become “nationals and citizens of the United States at birth.” In addition to those who are born in the United States or born outside the country to parents who were both citizens — or, interestingly, found in the United States without parents and no proof of birth elsewhere — citizenship goes to babies born to one American parent who has spent a certain number of years here.

Mary Brigid McManamon, constitutional law professor at Widener University’s Delaware Law School, argues no, because he wasn’t born in the United States.

Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States…Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator’s parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.

Personally, I think it’s time to just get rid of the natural born citizen requirement and, no, Ted Cruz isn’t my first pick for president. I also thought it was dumb when some people said that Obama wasn’t eligible to be president.

Back in the day, the Founders were concerned about foreign-born presidents being loyal to a foreign empire. That’s why they put the natural born citizen clause in the Constitution. Understandably so.

Nowadays, I believe it should be up to the voters to decide. Someone’s birthplace should not automatically disqualify them from the presidency. Some people might worry that they will be partial to their birth country when it comes to foreign affairs. If that’s a big concern, simply don’t vote for them.

I doubt anyone is concerned that Ted Cruz is more loyal to Canada than the U.S. His mother was born in the U.S. and he moved to Texas when he was four years old. You can disagree with Ted Cruz on policy matters— but it would be foolish to disqualify him from being president based on his place of birth.

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