Faithful P&E readers, two events precipitate this offering, which is intended to examine more closely one of the favorite "Authorities" normally cited by the Left in its quest to redefine the term "Natural born Citizen" as included by the Founders in Art.
The "Authority" to be examined in this "Deeper dive" is the March 2015 article produced by former U.S. Solicitors General Paul Clement and Neal Katyal entitled "On the Meaning of Natural Born Citizen." And because this dive will be detailed and lengthy, of necessity, it will need to be divided into sections and, accordingly, readers are encouraged to keep supplies of their favorite caffeinated beverage nearby.
The article appeared in the Harvard Law Review Forum - a periodical not to be confused with the Harvard Law Review Journal published by the law school - at a time corresponding to the March 23, 2015 announcement by Senator Ted Cruz that he would be a candidate for the GOP nomination for president in the 2016 primary.
Unsurprisingly, the article concluded that Sen. Cruz was eligible as a "Natural born Citizen" under Art.
Cruz, Clement and Katyal - are intelligent, honorable and well-credentialed attorneys, but on the nbC issue, we differ dramatically.
The conclusion that Sen. Cruz was an eligible nbC was originally questioned by your humble servant here and here.
The current offering will continue to challenge the Clement-Katyal conclusion that one need only be a "Citizen at birth" or a "Citizen by birth" with no need for further "Naturalization" processing in order to be eligible to the presidency as a natural born Citizen.
The first event prompting the deeper dive, of course, is the announced intention of Brandon and his vice-president, Kamala Harris, to again run for the nomination to be the Democrat candidates for President and Vice-President in the upcoming November 2024 general election.
The very first requirement under the first "Candidate Status" category is: "Be eligible to run."
Unlike the Democrats, at least it seems as though the GOP is "Going through the motions" of requiring proof that the eventual nominee will, at minimum, be a "Natural born Citizen" as restricted by the Constitution.
The critical question remains: which definition of a "Natural born Citizen" will the RNC impose and enforce? Will it enforce the person must be born here to parents who are already U.S. citizens criterion, or the "Citizen at/by birth" with no need for birth here or further naturalization necessary, and the citizenship of both parents aside version?
https://www.thepostemail.com/2023/06/26/a-deeper-dive-into-the-nbc-pond/
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