Posted on 01/28/2016 12:59:06 PM PST by Kaslin
Yes, until he gets the question cleared up, he could certainly be disqualified.
He already cleared the question up. He is a natural born citizen
Serious question: Could Cruz be elected VP without legal questions being raised?
Just as I predicted several years, ago when this was a hot topic on FR.
I would bet on it, i’m not a lawyer but the evidence i see is pretty straight forward.
But what perplexs me is why did he even try for it? Sounds like he was either too stupid or thought America was.
He’s not eligible. You can take the plain reading, which everyone has always understood to mean, “born on U.S. soil”. Yes there might be an exception for the children of military and diplomats stationed overseas, but Ted’s father was actually a Canadian citizen, and there’s no question that Ted acquired Canadian citizenship at birth. At the time of the framing, citizenship never came through the mother, only the father, so he wouldn’t even be a regular citizen much less a natural born citizen. You can also go to the intent of the provision which was clearly to prevent anyone with even a shred of potential for divided loyalties from ascending to the Presidency, and Ted was admittedly a dual citizen until less than two years ago. Not eligible. Not even a close case.
Yes, he could be disqualified.
But keep in mind that would only happen after he’s won the election, in the Electoral College. The House could either declare the EC vote invalid, or the Supreme Court could. The latter being a realistic possibility.
But even if that happens Constitutional mechanisms kick in. It does NOT mean that the Democrat gets inaugurated. It means that the House, voting by majority of state delegations, chooses the President. The GOP controls a majority of House delegations, so you’d still have a Republican as President.
But would you have a Conservative?
I put my money on the later.
The same qualifications apply to both offices. The questions of whether and how the issue is raised and handled are independent of whether he is qualified. He's naturalized, the precedents are clear and settled.
I don’t know if truth enters into this discussion but the truth is that Ted Cruz holds none of the Canadian opinions that seem to annoy Americans (neither do I and I live here in the socialist paradise to your north).
I am absolutely sure he does not want to hug trees, embrace Syrian refugees or cheer for Nickelback. Neither do I.
So the point is a narrow legal point, not some dramatic revelation about hidden values.
Ted Cruz is simply not a Canadian. The question about whether he is a “real” American is of course for you to decide, but it seems ironic to me that the only person willing to stand up for your constitution is then disqualified by it. Perhaps just being born there is not the only point that is important. Perhaps wanting to be there is more significant than where you started out.
However, carry on, this should kill off what’s left of the tourist industry.
Legal qustions were raised about Barack Hussein Obama, II.
226 lawsuits were filed challenging his eligibility as a Natural Born Citizen. That didn’t stop him from being elected and reelected.
He can be disqualified in a number of ways. One just by the vote, without deciding the issue. Another by the RNC, which is entitled to form its own conclusions. Yet another by some secretary of state or judge denying him ballot access. And then there is the electoral college and Congress, should he win the general election.
Of course the question can be brought up. I also doubt that the Federal courts would want to touch it with a 10 foot pole. More likely some screwball state court (Austin, TX anyone?) and would force the Federal courts to give it a look.
Once it gets a hearing, God only knows what the courts will do.
Ultimately I think the point is moot. St. Rafael will likely be out of this before it becomes an issue.
If you let Cruz participate in the caucus, this birther thing becomes a non-issue.... again.
Before worrying about NBC status of senator Rafael Cruz, I ponder another question.
There are at least a thousand people born in Saudi Arabia, mostly to an American mother and a Saudi father. Should we consider them all Natural Born Citizens?
Nobody ever slips on a plastic banana peel.
If Cruz were elected, and disqualified, would the Vice-President assume office. Cruz-Carson sounds nice.
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