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Under Ted Cruz’s own logic, he’s ineligible for the White House
Boston Globe ^ | 01/11/16 | Laurence H. Tribe

Posted on 01/15/2016 5:53:58 PM PST by Enlightened1

People are entitled to their own opinions about what the definition ought to be. But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an "originalist," one who claims to be bound by the narrowly historical meaning of the Constitution's terms at the time of their adoption. To his kind of judge, Cruz ironically wouldn't be eligible, because the legal principles that prevailed in the 1780s and '90s required that someone actually be born on US soil to be a "natural born" citizen. Even having two US parents wouldn't suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.

(Excerpt) Read more at bostonglobe.com ...


TOPICS:
KEYWORDS: cruz; eligible; ineligible; naturalborncitizen; originalist; soil
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1 posted on 01/15/2016 5:53:58 PM PST by Enlightened1
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To: Enlightened1

Straw man!


2 posted on 01/15/2016 5:56:52 PM PST by DaveyB (Live free or die!)
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To: Enlightened1

Tribe still campaigning for Hillary, I see.


3 posted on 01/15/2016 5:56:58 PM PST by conservativejoy (Pray Hard, Work Hard, Trust God ...We Can Elect Ted Cruz)
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To: Enlightened1

So it’s about the Soil....

Even a U.S. base or U.S. Embassy is considered U.S. Soil in a foreign country.

One thing for sure. The Democrats have announced they will go to court over this. I promise you the GOPe is probably help funding it.

Cruz is going to get set up by a shopped Judge if he becomes the nominee. The Establishment will then replace him with Rubio or Jeb at that point.


4 posted on 01/15/2016 5:57:51 PM PST by Enlightened1
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To: Enlightened1

SQUIRREL!


5 posted on 01/15/2016 5:58:04 PM PST by apostoli (Time to thump the nose of the parrots.)
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To: Enlightened1
It's Boston.. liberal and full of BS but there were a few good things :


6 posted on 01/15/2016 5:58:27 PM PST by maddog55 (America Rising a new Civil War needs to happen.)
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To: Enlightened1

It’s a sad day on FR when Tribe is held out as an authority.


7 posted on 01/15/2016 5:58:53 PM PST by Oklahoma
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To: Enlightened1
required that someone actually be born on US soil to be a "natural born" citizen

Is Tribe saying that any child of an American ambassador or serviceman or officer who happened to be born overseas was not considered a natural-born American citizen? What a load.

8 posted on 01/15/2016 5:59:51 PM PST by vbmoneyspender
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To: Enlightened1

Where were all of these exspurts when Ubama’s bona fides were in question? None of which were ever answered.


9 posted on 01/15/2016 6:00:10 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: Enlightened1
He was absolutely eligible under the Naturalization Act of 1790. So clearly the Founders intended that someone who was born in a foreign country to a citizen parent was a Natural Born Citizen.

Tribe knows this too. He's just shilling for Hillary.

10 posted on 01/15/2016 6:01:15 PM PST by P-Marlowe (Tagline pending.)
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To: Enlightened1
What’s a “natural born citizen”? The Constitution doesn’t say, but the Framers’ understanding, combined with statutes enacted by the First Congress, indicate that the phrase means both birth abroad to American parents — in a manner regulated by federal law — and birth within the nation’s territory regardless of parental citizenship. The Supreme Court has confirmed that definition on multiple occasions in various contexts.

There’s no ideological debate here: Harvard law professor Laurence Tribe and former solicitor general Ted Olson — who were on opposite sides in Bush v. Gore among other cases — co-authored a memorandum in March 2008 detailing the above legal explanation in the context of John McCain’s eligibility.

Yes, Ted Cruz Can be President

11 posted on 01/15/2016 6:02:06 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: vbmoneyspender

There are exceptions for that and it’s written.

Nevertheless, Cruz’s mom was neither an Ambassador, officer or in the Service at the time of his birth.


12 posted on 01/15/2016 6:02:49 PM PST by Enlightened1
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To: P-Marlowe
Yup.

In March, Laurence H. Tribe, a law professor at Harvard and an adviser to Senator Barack Obama,

A Hint of New Life to a McCain Birth Issue - JULY 11, 2008

13 posted on 01/15/2016 6:04:38 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: Enlightened1

Democrat Libs are determined to get Trump the GOP nomination, which is curious. Perhaps Hillary and Trump have struck a deal on keeping each other’s secrets...a highly prized New York value among NY pols.


14 posted on 01/15/2016 6:05:22 PM PST by txrefugee
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To: Oklahoma

It’s a sad day when a candidate that wants to be seen as “Defender of the Constitution” won’t seek resolution to his own constitutional eligibility issue.


15 posted on 01/15/2016 6:06:13 PM PST by DannyTN
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To: Enlightened1
Cruz’s mom was neither an Ambassador, officer or in the Service at the time of his birth.

Do you have a cite for that being a stipulation? With a link?

16 posted on 01/15/2016 6:06:19 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: TigersEye

Fair enough, but did ANY Republican leaders make an issue out of Obama’s eligibility?

No.

Democrats aren’t that stupid.


17 posted on 01/15/2016 6:08:19 PM PST by DoughtyOne ((It's beginning to look like "Morning in America" again. Comment on YouTube under Trump Free Ride.))
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To: Enlightened1

The point is that the definition of natural-born citizen is based on statutory law because it is not defined in the constitution. And Tribe knows that based on the statute that applies to Cruz, he is a natural-born citizen.


18 posted on 01/15/2016 6:08:40 PM PST by vbmoneyspender
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To: Enlightened1

If they can have a Kenyan surely we can have a Cannuck.


19 posted on 01/15/2016 6:09:48 PM PST by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
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To: Enlightened1

Hey,Larry....it wasn’t *perjury* perjury,was it!


20 posted on 01/15/2016 6:09:59 PM PST by Gay State Conservative (Obamanomics:Trickle Up Poverty)
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