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Andrew C. McCarthy: Cruz, Natural Born Citizen
National Review ^ | Andrew C. McCarthy | Andrew C. McCarthy

Posted on 01/07/2016 9:35:59 AM PST by Isara

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To: loucon

Scalia did not say the second one if I remember correctly. I think it was Justice Stevens.


61 posted on 01/07/2016 10:49:29 AM PST by RummyChick
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To: Isara
He was a Canadian citizen without a US Birth Certificate until 2014.

If that's NBC, welcome to Obama land.

As far as I know there is still no US Birth Certificate as his mother didn't pursue it upon return to Texas.

It would be nice for a Federal court to clear this up with a declarative ruling.

62 posted on 01/07/2016 10:49:54 AM PST by Mariner (War Criminal #18 - Be The Leaderless Resistance)
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To: RummyChick
Justice Scalia has indicated now in TWO separate instances that he leans toward a requirement of born on US soil.

I think Scalia may place some significance to the 1790 immigration act as passed by Congress that define Natural Born Citizen as not necessarily "Jus Soli".

63 posted on 01/07/2016 10:50:14 AM PST by Starstruck (I'm usually sarcastic. Deal with it.)
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To: Cletus.D.Yokel

you’re asking me to do your homework? really??

—> google


64 posted on 01/07/2016 10:51:31 AM PST by sten (fighting tyranny never goes out of style)
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To: Starstruck

That is your GUESS. What I know is that we have his ACTUAL WORDS about Jus Soli during a court case and during an interview.


65 posted on 01/07/2016 10:52:50 AM PST by RummyChick
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To: kabar

Thanks for your informative post to me. I certainly don’t claim to be an expert here.

When I see the Liberal Media jumping all over this ‘story’ as a way to attack and destroy Cruz, it causes me stop and question why we’re helping them.

At the end of the day, if this does go before a court, Cruz will be deemed to be a U.S. Citizen, eligible to be President.


66 posted on 01/07/2016 10:55:13 AM PST by Artcore
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To: Cboldt

All of the other ways require filing and confirmation of eligibility as well.


67 posted on 01/07/2016 10:56:47 AM PST by JayGalt
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To: VanDeKoik

No. Sen. Cruz said he didn’t have a Canadian passport. trump lied about this (like so many things).


68 posted on 01/07/2016 10:56:50 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: freedomjusticeruleoflaw
Court opinions, congressional statutes, Harvard professors... The ONLY thing that matters is- what did natural born mean when the Constitution was adopted?

Well, for one thing, it meant not requiring any future laws that weren't yet written in 1787.

If you have to have a law subsequent to 1787 to make you into a citizen, you aren't a "natural" citizen.

69 posted on 01/07/2016 10:57:34 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: WhiskeyX

1. yes, I agree that 2 wrongs do not make a right.
(just as a practical matter, I think..guess.. that the courts will run away from finding against such a candidate now if only because that would force the courts to review the validity of the entire eight years of O....the courts COULD say that his actions in office were ‘presumptively valid” despite his ineligibility....but that would still leave the courts with the unenviable, difficult task of reviewing those actions nonetheless)
2. our American constitution recognizes that we have lots of individual liberties but, like the Soviet constitution, it has become a mostly-dead letter. especially (but not entirely limited to) in the last 7 years

3. Pray for America


70 posted on 01/07/2016 11:01:08 AM PST by faithhopecharity (Diff tween D's and R's is that the thatD's allow the poor to be corrupt, too. (O. Levant)
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To: Dana1960

Outright lie.


71 posted on 01/07/2016 11:03:26 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: sten

Well, since you were so quick to the post, I assumed you had a valid link that you were quoting from. Do you know what “CNTRL-C” does and how it supports your assertion?

Meh.
I’ll just assume you made all that shit up and move on.
Thanks


72 posted on 01/07/2016 11:05:38 AM PST by Cletus.D.Yokel (Catastophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: JayGalt
-- All of the other ways require filing and confirmation of eligibility as well. --

Citizenship exists independently of certification of citizenship. Certification, be it CRBA or passport or Certificate of Citizenship (8 U.S.C. 1452; USCIS Form N-600) require presentation of evidence to the satisfaction of the examiner.

But citizenship alone, that is a circumstance-determined event. If the circumstances satisfy the statute, citizenship is attached.

Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child's birth to transmit U.S. citizenship.

Acquisition of U.S. Citizenship by a Child Born Abroad
73 posted on 01/07/2016 11:07:20 AM PST by Cboldt
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To: Artcore
At the end of the day, if this does go before a court, Cruz will be deemed to be a U.S. Citizen, eligible to be President.

You have a confidence in this outcome that I cannot possibly share. I am long accustomed to the courts behaving one way when it benefits liberal causes, and a totally different way when it benefits conservative causes.

Apart form that, I know of a very prominent supreme court case in which they emphatically state that a person born outside the jurisdiction of the United States can only be a naturalized citizen.

People will say "That's just Dicta", but still, it represents the Opinion of the Supreme court at that time.

74 posted on 01/07/2016 11:08:57 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Cboldt

Link?


75 posted on 01/07/2016 11:12:21 AM PST by JayGalt
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To: JayGalt
-- Link? --

Yes, in the post. Two of them. One to a page about N-600 Certification of Citizenship, and one to Acquisition of U.S. Citizenship by a Child Born Abroad, which was excerpted in a blockquote.

76 posted on 01/07/2016 11:15:43 AM PST by Cboldt
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To: Cletus.D.Yokel
since you need help with your homework, here ya go:

http://lmgtfy.com/?q=birthright+citizenship+countries

the first result:

https://www.numbersusa.com/content/learn/issues/birthright-citizenship/nations-granting-birthright-citizenship.html

showing only the US and Canada as the only two developed nations supporting birthright citizenship... which is inaccurate, since the US has never legally recognized it (legal laziness). in fact, the 14th amendment specifically states citizenship is only bestowed to those born to parents under the jurisdiction of the US. illegal aliens do not qualify... as was the intended result per the one that wrote the amendment


77 posted on 01/07/2016 11:17:15 AM PST by sten (fighting tyranny never goes out of style)
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To: kabar
If you read the Tribe-Olson opinion on McCain you will find that they found McCain eligible on the basis of both jus sanguinis (both parents US citizens and jus solis, McCain was born in the Canal Zone, considered a US territory. In that same opinion they found Obama eligible because he was born in Hawaii.

To maintain that McCain enjoyed jus solis because he was born in the Canal Zone is risible and absurd. If that were the case, any offspring of Panamanians born in the Zone would be anchor babies. But they are not. McCain is a citizen via jus sanguinis alone.

78 posted on 01/07/2016 11:18:25 AM PST by cynwoody
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To: Cboldt

I saw those but they do not support your topic sentence.


79 posted on 01/07/2016 11:18:31 AM PST by JayGalt
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To: Extremely Extreme Extremist

Yes. He’ll have to fight for it.

I just don’t trust any court now to decide in his favor. These are judges that are bought or blackmailed.

If this elections goes up against Sanders, not Clinton, we’re going to need someone who does fight to win.


80 posted on 01/07/2016 11:22:17 AM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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