Except, that the US is still a nation of immigrants (much more so than most other nations) where a number of its citizens are first generation natural-born add this to the democratic (tending to the populist) political structure, considering the place of birth of a Presidential Candidate is not merely talking about dead people, it is a very real, present topical issue.
The key here is that US citizenship is fundamentally different to most other citizenships and thus there is a legitimate argument to be made for special conditions for the Office of the President.
As an eternal immigrant myself, I think being excluded from the highest office is a fair price to pay, for the relatively enlightened way to acquire citizenship.
It is also important to consult court cases that distinguish “incorporated” U.S. territory (the states and territories that were to become states), as “U.S. soil”, from “unincorporated” U.S. territory (Puerto Rico, Guam), or leaseholds (Panama Canal Zone, Guantanamo).
When you see someone else ‘pretending to need’ a thing… maybe they’re just asserting their choice to pursue what makes them happy? Sentimentality is as valid a joy as futurism, schadenfreude, or collecting matchbox cars.
Puerto Rico is an “unincorporated territory.” Meaning that it’s under US control and law, but not part of the United States.
They’re a special case among unincorporated territories because Congress needed cannon fodder for WWI. Giving Puerto Ricans citizenship meant that they could be drafted and shipped to the front WITHOUT anyone losing votes.
But while they’re citizens, they are not Fourteenth Amendment citizens. They’re not represented in the Electoral College and thus not eligible to vote for President. They’re not eligible to run for President. They don’t have voting representation in Congress. They’re not covered by the full Bill of Rights.
You should look at the history of various movements in Puerto Rico for and against statehood, including the bombings in the US around it in the 1970’s.
Citizens born in Guam, Puerto Rico and the U.S. Virgin Islands are legally defined as “natural born” citizens, and are, therefore, also eligible to be elected President, provided they meet qualifications of age and 14 years residence within the United States. Residence in Puerto Rico and U.S. territories and possessions does not qualify as residence within the United States for these purposes.
Representation in Congress and the voting for the President are rights conferred to States which is why citizens residing in Puerto Rico, regardless of where they were born, can’t vote for Congress or the President.
Puerto Rico is free to officially petition Congress to become a state. Such a petition has never been denied in the history of the United States, but they have yet to do so.
I mentioned the Congressional Research Service report in my original post up top. It’s an opinion. A very credible opinion to be sure, but it suggests how things should be, not how they are. It’s still going to take a decision by the Supreme Court or Congress to allow Puerto Ricans to run for President.
I do hope they wouldn’t. Because it just kicks the can further down the road, and means we have to have this same discussion again every time it comes up.
Much better would be, in the horrendous case that Cruz is nominated and elected, that either no legal case is brought forward or SCOTUS defers to the will of the election (as they almost certainly would). In either case, either by precedent or by ruling, we would have established that foreign-born Americans can become president.
