Under Ted Cruz’s own logic, he’s ineligible for the White House

Boston Globe ^ | 01/11/16 | Laurence H. Tribe

[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.

[Tigen]

Enlightened1, I think where I have known your type is from, The ROY MASTERS cult?
Good luck with eternity.

[Behind the Blue Wall]

Citizenship is defined in statutes; natural born citizenship is not (except in one statute passed 225 years ago, that was repealed five years later).

[vbmoneyspender]

Here is the applicable language from the 1790 statute - and Cruz clearly fits within its parameters as a natural born citizen: And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.

[vbmoneyspender]

natural born citizenship is not

Wrong. See post 23 wherein the 1790 statute clearly stated that children born overseas to American citizens where natural born citizens.

[TigersEye]

Fair enough,...

Thanks.

Democrats aren't that stupid.

If you say so.

[conservativejoy]

He can’t sue himself. Trump has attorneys on permanent retainer. Why doesn’t he sue, as one of the few people who could possibly have standing?

[Behind the Blue Wall]

Repealed five years later with a similarly named and purposed statute that did not include reference to natural born citizens.

[SnuffaBolshevik]

Let me throw this out to the gang:

Suppose an American contingent of astronauts were rocketed up to the International Space Station for a 16 month mission. Included in the group are a husband and wife team of scientists.

You guessed it - the wife gets pregnant 60 days in and for some temporary reason there are no spacecraft capable of extracting people available for over a year.

The child is born in orbit. Is he/she an American citizen? What if the father is Norwegian and the mother American?

Turning keyboard breathalyzer back on. ;)

[DoughtyOne]

Bud, are you not angry that Republicans didn’t make an issue of Obama’s eligibility?

And do you really think Hillary will take a pass on this issue with Cruz?

[Enlightened1]

Who is Roy Masters?

As for eternity Jesus Christ is my Lord and Savior.

I hope that answers your sincere “good luck”.

[Tzfat]

No matter what Trump spouts, Cruz cannot get a declaratory judgment. He has to be sued.

Perhaps you may get your wish though. Maybe if Cruz under Trump’s skin Trump will put up and go ahead and sue.

It is unlikely though, because Trump likely knows he would lose, just like the loser in Houston.

[teg_76]

Yep... NY alues have become FR values.

[hoosiermama]

None of the CRUZ people consider that since there was no legal authority for O CRUZ as a patriot and learned constitution scholar could be setting himself up to get a SCOTUS decision. What would apply to him would/could also apply to O and also Rubio.
The RNC Should really ask for a declarative judgement and get the law settle once and for all They have standing
Contact RNC and request they do so.

[DannyTN]

Declaratory Judgement allows someone to get a judgement before someone sues them. Once someone sues him, it’s too late for a declaratory judgement.

So now Cruz has to wait for the lawsuits to proceed which will likely hang over him all the way to the convention.

The shame is that Cruz will do just like Obama and like Rubio is trying to do. He’ll get the cases dismissed on lack of standing and technicalities instead of dealing with the merits.

Some defender of the Constitution, Cruz is turning out to be.

[vbmoneyspender]

The revised statute completely eliminated the provision because it contained differing treatment based on the gender of the parents. As a result, anyone born to a citizen whether on American soil or abroad has always been considered a natural born citizen from 1795 forward. But Congress eliminated that differential treatment of citizen mothers and fathers before any of the potential candidates in the current presidential election were born. Thus, in the relevant time period, and subject to certain residency requirements, children born abroad of a citizen parent were citizens from the moment of birth, and thus are “natural born Citizens.”

[babygene]

“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?”

No

[TigersEye]

Bud, are you not angry that Republicans didn't make an issue of Obama's eligibility?

You betcha!

And do you really think Hillary will take a pass on this issue with Cruz?

Absolutely!

[DannyTN]

Wikipedia Declaratory Judgment

"A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed;"

[conservativejoy]

Cruz believes, and the majority of Constitutional legal scholars agree, that he is a natural born citizen. How is that not upholding the Constitution?

[TigersEye]

They’ll be told they don’t have standing.