Thomas H. Lee was quoted in Washington Post‘s Wonkblog on the originalist Constitutional definition of “natural born citizen” as it relates to Ted Cruz and his presidential candidacy.
On this straightforward, intuitive, and deeply conservative reasoning, several prominent legal scholars have argued Cruz is arguably not a natural-born citizen. As the Founding Fathers and their contemporaries probably would have understood that phrase, the argument goes, Cruz is ineligible for the presidency — not because he was born in Canada, but because he was born in Canada to a Cuban father.
“He should disqualify himself,” said Thomas Lee, a legal scholar at Fordham University, adding that Cruz should “just be consistent.”
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Lee explains that in medieval English law, the term “natural born” originally referred to subjects of the crown who were born in English territory.
Under King Edward III, who reigned from 1327 to 1377, England expanded this definition to include the children of ambassadors and soldiers who were serving the monarch overseas. In the centuries to come, Parliament modified the definition further to include the children of private English subjects who happened to be abroad.
In the late 18th century, though, that definition did not include English mothers who were traveling. If they conceived children with foreign men, it was assumed those children would not be loyal English subjects and were not considered “natural born.”
“We don’t understand how sexist society was back then,” Lee said. “They thought that you got your blood, your politics, your loyalty, your allegiance from your father. The mother was irrelevant.”
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Lee says it’s “absurd” for an originalist to argue that Congress would have the power to change the meaning of words in the Constitution. According to Ramsey, though, there’s no contradiction in assuming that lawmakers have this power. The authors of the Constitution allowed Congress to define “natural born Citizen” when they wrote that the legislature had the authority “to establish a uniform Rule of Naturalization,” he says.
