[Helicondelta]

In his emails to the Guardian, Tribe discussed Cruz’s own approach to constitutional issues, noting that under “the kind of judge Cruz says he admires and would appoint to the supreme court - an ‘originalist’ who claims to be bound by the historical meaning of the constitution’s terms at the time of their adoption - Cruz wouldn’t be eligible because the legal principles that prevailed in the 1780s and 90s required that someone be born on US soil to be a “natural born citizen.”

He added: “Even having two US parents wouldn’t suffice for a genuine originalist. And having just an American mother, as Cruz did, would clearly have been insufficient at a time that made patrilineal descent decisive.

“On the other hand, to the kind of judge that I admire and Cruz abhors - a ‘living constitutionalist’ who believes that the constitution’s meaning evolves with the needs of the time - Cruz would ironically be eligible because it no longer makes sense to be bound by so narrow and strict a definition.”

Tribe said: “There is no single, settled answer. And our supreme court has never addressed the issue.”

[Cboldt]

Never heard of this guy, Flloyd Abrams, but he is part of the deliberate effort to mislead the American public on an important question.

[Cboldt]

saying Democrats will sue him and discredit his candidacy in a general election.

Finding that one has presented oneself to the voters, as qualified, when one knows he is not qualified, does more than discredit ones' candidacy. It is a stain on one's character. It is an act of fundamental dishonesty.

The candidacy goes away too, to be sure.

[Helicondelta]

“didn’t have to go through any procedure to be an American”

Cruz has a Canadian birth certificate.

To obtain his US citizenship he had to file paperwork, pay a fee and go through a process.

He only became a US citizen after this process was completed. It’s unclear when he did this but it was likely many years after he was born, when his family decided to move to the US.

There is a paper trail for all of this and we’ll see it sooner or later.

[RC one]

Cited By Justice Gray in the decion of US v. Wong Kim Ark:

The notion that there is any common law principle to naturalize the children born in foreign countries, of native-born American father and mother, father or mother, must be discarded. There is not, and never was, any such common law principle.

And this

It is universally admitted, both in the English courts and in those of our own country, that all persons born within the Colonies of North America, whilst subject to the Crown of Great Britain, are natural-born British subjects.

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens.

and this:

Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign..... Thus, a person who is born on the ocean is a subject of the prince to whom his parents then owe allegiance; for he is still deemed under the protection of his sovereign, and born in a place where he has dominion in common with all other sovereigns. So the children of an ambassador are held to be [p660] subjects of the prince whom he represents, although born under the actual protection and in the dominions of a foreign prince.

and:

Persons who are born in a country are generally deemed citizens and subjects of that country." Story, Conflict of Laws, § 48.

[Cincinatus' Wife]

Ted Cruz is not a 'natural-born citizen' - Mary Brigid Mcmanamon [OpEd originally printed in the WaPo]

Do I sense a bit of "otherness" being implied about Cruz by that drawing?

"...This latest attack comes as polls show the race between the two tightening in Iowa.

Ted Cruz was born in Canada and was a Canadian citizen until 15 months ago. Lawsuits have just been filed with more to follow. I told you so - Donald J. Trump (@realDonaldTrump) January 16, 2016

Trump Tees Off: Cruz A 'Canadian' Who Goldman Sachs, Citibank 'Owns'

[samtheman]

*The Cruz campaign is asking the voters to plunge America into the deepest constitutional crisis in its history. The Hillary campaign is saying No, dont do it America. Vote calm stable leadership and a smooth transition of power. Vote Hillary*

- - - Text of a campaign ad to be aired sometime in October, 2016.

Will the text of the ad be factually correct? No.

Will the ad make it even more difficult than ever for Cruz to win purple states? Absolutely.

[nikos1121]

IMO, it will be highly unlikely, and not fair to exclude an American senator from running and holding the office of president. The SC NEVER heard the challenges to Obama, and if I recall you, along with myself any many others here were screaming about Obama’s birthplace, birth certificate etc etc. The SC ignored us. People called us birthers etc. Even Trump was one of us.

HOWEVER, I’ve read commentary on both sides of this issue, and it seems that it is UNSETTLED.

If you are a constitutional originalist, as Cruz is, then you go by what the constitution said on this, ie that you are born on our soil.

If you are a constitutional revisionalist (that believes it evoloves) then he IS eligible.

NO ONE CAN say with any certainty until this is reviewed by the SC. And they should do it NOW!

Trump played the card obviously because Cruz was coming up in the polls. He admits that. Trump is the kind of adversary we’ve had to deal with all these years, Harry Reid, Pelosi, Schumer, etc. I don’t think he’s scoundrel like they are, but he throws 100 gal cans of @ss whip at you if you cross him. BUT LET’S FACE IT, THAT’S WHY OUR SIDE IS SO INEFFECTIVE AGAINST THESE PEOPLE.

Did you see that poll where in a three man race, Trump and Cruz together garnish over 80%? That’s amazing.

I DON’T like to see Cruz getting trashed on this issue and the banking one. It looks bad when he’s hanging around people like Glenn BEck.

Cruz is a good person and would make a great president, judge of the supreme court judge or majority leader some day.

[almcbean]

We all know that the authoritative source of constitutional issues is Donald Trump tweets.

[windsorknot]

I hear it was checked out by every attorney and every which way and I understand Ted is in fine shape

-Donald Trump (September 2015)

[Vaquero]

I admit it. I prefer Cruz and I am NOT a constitutional lawyer.
Someone needs to do a quick vetting and that means a SCOTUS decision however that is accomplished (remember....I’m not a lawyer nor do I play one on TV). No need, FReepers, to explain your views on the legal ramifications.....I’ve heard cogent arguments from both sides. A decision is needed by someone who counts.

I will gladly vote for Cruz or Trump in the general

[MamaTexan]

would more likely than not be held to mean someone that didn't need to be naturalized, didn't have to go through any procedure to be an American, as of course he did not because he had an American mother

Another half truth designed to confuse the issue.

Cruz would NOT have to have gone through any *process*. He would have been automatically naturalized by statute due to his mother's citizenship.

That doesn't make him natural born.

[Calpublican]

It’s a non-issue, but, hey,Trump has to talk about something and he knows little on the issues.

[texhenry]

Trump’s personal attacks on Cruz are as sleazy as any liberal I have ever seen. And because of this I will not vote for Trump even if he is the nominee. I will not vote for another liberal.

[Enlightened1]

So even though Cruz could have ran for Canadian Prime Minister up to 14 months ago....

You still think he is qualified???

[Safrguns]

To be “Natural Born”, means a specific thing. The qualifications are higher to meet a greater demand on loyalties.

How does a constitutional lawyer argue that the status with the highest qualifications is technically the default???

Not having to go through certain processes does not automatically confer status.

[jimwatx]

Why doesn’t Ted share his citizenship records and put this issue to rest? They’ve been requested through the Freedom of Information Act, but are classified for privacy reasons, Ted will have to approve their release and has thus far refused.

[patq]

If Floyd “The Barber” Abrams is right that is good news for Cruz. Ted should be able to get a declaratory judgment quickly and easily. Trump was right to be concerned and helped Ted out big time on this issue. Working as a team!

[ez]

It don’t really matter to me, baby
You believe what you want to believe...

[Lurkinanloomin]

Precedent Obama has rendered that clause moot.
Under the current definition of simply being born a citizen, if even only on one’s mother’s side, makes every anchor baby and Winston Churchill eligible. (his mother was an American)

I went to school in the 1960’s and was taught that natural born citizen was a subset of citizen and required only for the office of President. Must be born here to citizen parents. Reading the writings of the people who wrote the Constitution confirms this. They wanted no divided allegiance. If you could be anything other than a U.S. citizen, you can’t be a natural born citizen. No foreign births, no foreign parents.

Many people wanted the definition changed for various reasons. The Republicans had many more ineligible people coming up than the Democrats so they gave Obama a pass.

Having an usurper in office has not been good for the country, has it?