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Is Ted Cruz eligible to be president?
Hot Air ^ | January 8, 2013 | Allahpundi

Posted on 01/08/2013 2:51:45 PM PST by 2ndDivisionVet

Alternate headline: “Liberals to discover strange new respect for ‘Natural Born’ Clause circa 2016/2020.”

The newly sworn-in Texas senator and rising Republican star was born in Canada, to a mother who was born in Delaware and Cuban father. That’s triggered a debate about whether he’s eligible for the nation’s highest office — nevermind that he’s been in Congress less than a week.

While there’s no legal precedent for Cruz’s situation, most constitutional scholars surveyed by POLITICO believe the 42-year-old tea party sensation would be OK. But there’s just enough gray area to stoke controversy, as Cruz learned during his campaign for Senate last year…

“Ted is a U.S. citizen by birth, having been born in Calgary to an American-born mother,” said Cruz spokesman Sean Rushton, who declined to elaborate on the matter, saying his boss is focused on his work ahead in the Senate…

“He’s a birthright citizen but his birthright citizenship derives from his parents, and the question is, does that fit with the definition of natural born citizen?” added University of Pennsylvania law professor Kermit Roosevelt. “I think it does.”

Why should the presidency uniquely be limited to natural-born citizens when other important government positions aren’t?(continued)

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


TOPICS: Delaware; Texas; Campaign News; Issues; Parties; U.S. Congress; U.S. Senate
KEYWORDS: 2016; birthcertificate; birthers; calgary; canada; certifigate; cuba; delaware; doublestandard; obamunism; pravdamedia; tedcruz; texas
So now they care? How convenient.
1 posted on 01/08/2013 2:51:52 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Easy fix, buy a Hawaiian COLB...


2 posted on 01/08/2013 2:54:25 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: 2ndDivisionVet

No. Next question.


3 posted on 01/08/2013 2:57:46 PM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: 2ndDivisionVet
While there’s no legal precedent for Cruz’s situation

Stopped reading right there.

4 posted on 01/08/2013 2:57:46 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: 2ndDivisionVet

I care, too. I say we embrace the left on this one and define and demand that all politicians, current and future, substantiate their qualifications for office with original, long-form, notarized birth certificates.


5 posted on 01/08/2013 3:00:15 PM PST by MeganC (Our forefathers would be shooting by now.)
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To: 2ndDivisionVet

As ever, this depends on the definition of NBC. So far as I know, the prevailing (not to say correct) interpretation of this is “one who is legally a citizen due to circumstances at / of birth” — that is, someone who has always been a citizen as opposed to someone who BECAME one afterwards through naturalization, act of Congress, etc. Obviously if this interpretation were applied to Ted Cruz, he’s and NBC.

Others believe that the definition should be more narrow and limited to “one born of parents who were US citizens at the time of the birth.” Cruz isn’t an NBC under THIS view.

Not gonna get into that debate again!


6 posted on 01/08/2013 3:00:45 PM PST by pogo101
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To: 2ndDivisionVet
If BroncØ Bama can be prez anyone can be prez
7 posted on 01/08/2013 3:04:05 PM PST by rockrr (Everything is different now...)
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To: 2ndDivisionVet

Does he owe allegiance to Canada or to the United States of America. Wasn’t that the reason for having to be a natural born citizen in order to be president?


8 posted on 01/08/2013 3:05:45 PM PST by bubbacluck
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To: 2ndDivisionVet

If he wasn’t born in the U.S. he’s not eligible. It’s not complicated.


9 posted on 01/08/2013 3:06:13 PM PST by BubbaBasher ("Liberty will not long survive the total extinction of morals" - Sam Adams)
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To: 2ndDivisionVet

No, he is not eligible.

Just because the Democrats lie, cheat, and steal doesn’t mean that we should imitate them.

Seems like a good man. But he’s not eligible—any more than the criminal fraud who currently occupies the White House.


10 posted on 01/08/2013 3:07:05 PM PST by Cicero (Marcus Tullius)
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To: BubbaBasher

So John McCain wasn’t eligible? And both of Marco Rubio’s parents were Cuban citizens at the time of his birth, from what I’ve read.


11 posted on 01/08/2013 3:10:00 PM PST by 2ndDivisionVet (I'll raise $2million for Sarah Palin's presidential run. What'll you do?)
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To: 2ndDivisionVet

No. And neither is Rubio.


12 posted on 01/08/2013 3:10:22 PM PST by Perkalong (GOP 2013 = Whigs 1856)
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To: 2ndDivisionVet
“He’s a birthright citizen but his birthright citizenship derives from his parents,

So that makes obama a British subject, right?

Assuming BO sr is his real father.

13 posted on 01/08/2013 3:10:28 PM PST by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: pogo101
Others believe that the definition should be more narrow and limited to “one born of parents who were US citizens at the time of the birth.”

There are a number of possibilities here.

Born in US to two citizen parents. NBC by any criteria.

Born in US to one citizen and one non-citizen parent. (BO's situation.)

Born outside the US to two citizen parents.

Born outside the US to one citizen and one non-citizen parent. Some believe father or mother being citizen should make a difference.

Personally, I define NBC as "citizen at birth."

But would take SCOTUS ruling to settle it.

14 posted on 01/08/2013 3:15:08 PM PST by Sherman Logan
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To: Cicero
Just because the Democrats lie, cheat, and steal doesn’t mean that we should imitate them.

I get the notion that they're going to rub this in our face.

What's the best way to get away with an outrageous crime, do it in the open then deny it and portray anyone who questions it as a racist.

15 posted on 01/08/2013 3:15:38 PM PST by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: Sherman Logan

Sorry, forgot born in US to two non-citizen parents. Also known as the anchor baby.


16 posted on 01/08/2013 3:17:15 PM PST by Sherman Logan
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To: Sherman Logan
Personally, I define NBC as "citizen at birth."

So, Putin, Chavez, Castro could pop a kid here, and the kid is a NBC?

Nuts, that is not what the Founders or the 14th intended.

17 posted on 01/08/2013 3:18:23 PM PST by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: Las Vegas Ron

>Assuming BO sr is his real father.<

.
If BO sr were not his real father, then why all the chumminess with the Kenyan tribesmen?


18 posted on 01/08/2013 3:20:30 PM PST by 353FMG ( I refuse to specify whether I am serious or sarcastic -- I respect FReepers too much.)
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To: Las Vegas Ron
On the flip side. Since, the wordage is parent, not married.

In theory, every child that was born outside the US from a American male sperm donor, as long as donor lived in the US for a set amount of time, creates a US citizen.

Every foreign hooker who has a kid from a US male creates a US citizen. Odd.

19 posted on 01/08/2013 3:23:56 PM PST by Theoria
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To: 353FMG
If BO sr were not his real father, then why all the chumminess with the Kenyan tribesmen?

Totally agree, don't forget his Brother, Aunt, Uncle, Cousin odingy and Grannie who are all Kenyan (a couple of which are in the USA ILEGALLY)

I just tossed that out there because the only proof of his Father is what he wrote in a book...and what appears on his "birth certificate"

20 posted on 01/08/2013 3:28:38 PM PST by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: Perkalong

For over 2 centuries, we found plenty of applicants who were born IN America of American parents.

It all started when there was talk of changing things so Arnold could run.

Now, it seems many contenders have questionable parentage or birth location.


21 posted on 01/08/2013 3:29:19 PM PST by TomGuy
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To: Theoria
Every foreign hooker who has a kid from a US male creates a US citizen. Odd.

A citizen maybe, a NBC, not in my opinion.

22 posted on 01/08/2013 3:32:33 PM PST by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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Senate candidate Ted Cruz aims to pick up mantle of Reagan ...

For anyone interested the above linked article gives a lot of background info on Ted Cruz and his family.

23 posted on 01/08/2013 3:48:42 PM PST by deport
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To: 2ndDivisionVet

I know of no amendments to Article II. Either we have a Constitution that means something or we throw in the trash can. As I understand it, the NBC requirement means born in the U.S. to two U.S. citizens. There is nothing irrational about the framers wanting to be extra careful when it came to the qualifications of the individual holding the highest office in the land. They wanted someone whose loyalty to Country would be beyond reproach, who was born to to U.S. citinzens and had spent a lifetime in this Country being nurtured in what it means to be a true American. If being born to two U.S. citizens was enough, could a guy who was born overseas to U.S. citizens and lived in the foreign country all his live qualify as an NBC citzen? Think about it?


24 posted on 01/08/2013 3:49:01 PM PST by iontheball
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To: 2ndDivisionVet

Someone shows a modicum of leadership and folks start talking about making that person President.

The GOP should watch and learn.


25 posted on 01/08/2013 3:55:27 PM PST by vmivol00 (I won't be reconstructed.)
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To: 2ndDivisionVet

All he has to do is show them a phony birth certificate from Hawaii if anyone asks.


26 posted on 01/08/2013 4:06:24 PM PST by FrdmLvr (culture, language, borders)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

thanks 2ndDivisionVet, additional:

http://www.freerepublic.com/focus/news/2976193/posts


27 posted on 01/08/2013 4:38:18 PM PST by SunkenCiv (Romney would have been worse, if you're a dumb ass.)
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To: 2ndDivisionVet

No, Claire McCaskill, he isn’t.


28 posted on 01/08/2013 5:37:09 PM PST by bgill (We've passed the point of no return. Welcome to Al Amerika.)
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To: 2ndDivisionVet
Let's pt this all to rest right now.

ANY Senator that thinks about becoming President and actually runs for the office with the intention of winning, should immediately removed from office by reason of insanity and taken to the insane asylum until he comes to his senses!

Being a U.S. Senator is the best job in the entire known universe. There are only 100. They have vast power. It is almost impossible to unseat one. You only have to be re elected every six years. The pay is good and is supplemented by all the money you can steal and all the insider trading that you can handle. You can keep the job regardless of weather you show up or not and can keep it until death. In some instances like Robert Bird, several years after death. MOST people wouldn't know you from Adam and hose that do are mostly willing to pay you off for a favor.

All and all there is NO downside to being a Senator, unless you have to associate too often with Harry ‘the crypt keeper’ Reid or the Schmuck Schumer! As far as eligibility. Who cares, if O'Bumbler is qualified my foreign born dog could do the job. Probably more competently!

29 posted on 01/08/2013 5:41:43 PM PST by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: deport

Good article. I bet Cruz could/would even produce his Princeton and Harvard transcripts, if need be.


30 posted on 01/08/2013 5:53:31 PM PST by Jane Long (Philippians 2:11)
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To: 2ndDivisionVet

Another cockroach in the DC swamp - Kermit Roosevelt

I know it doesn't! They would not have taken the trouble to designate only one citizen as "natural born" out of all the others listed if there was no difference between them.

31 posted on 01/08/2013 6:25:26 PM PST by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: 2ndDivisionVet

John McCain was born of US citizen parents on a US military base, which is US territory and that makes him an NBC. This guy(Cruz) was born in Canada to ONE American citizen parent and therefore is NOT an NBC. Had he been born on American soil he would have been a Natural born Citizen regardless of how many citizen parents he had.


32 posted on 01/08/2013 6:55:32 PM PST by calex59
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To: 2ndDivisionVet
Has Ted Cruz given his opinion regarding the Constitutional eligibility requirement to be President?

I was taught that eligibility is a simple concept, but apparently that's no longer the case. There are no shortage of opinions regarding who is and isn't eligible and why, including several from the courts, bottom to top.

We sure have learned how to complicate things, especially when we just need to twist them enough to get the "correct" answer we're looking for, whether from the Constitution, the Bible, or any other standard.

33 posted on 01/08/2013 7:38:57 PM PST by GBA (Here in the Matrix, life is but a dream.)
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To: GBA
I was taught that eligibility is a simple concept, but apparently that's no longer the case.

And a related question concerns who decides the issue. The courts don't seem to want to get involved and the Congress just rubber stamps the decisions of the electors. Maybe it's up to the electors to decide. Maybe it's up to the people to decide when they vote.

It's all become pretty crazy at times.

34 posted on 01/08/2013 7:43:26 PM PST by Tau Food (Never give a sword to a man who can't dance.)
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To: Tau Food
You are right about that. As soon as those in authority decide to shrug their shoulders and say "Wtf" instead of doing their job, it always gets crazy.
35 posted on 01/08/2013 7:58:00 PM PST by GBA (Here in the Matrix, life is but a dream.)
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To: 2ndDivisionVet

As soon as I read his birth background, I was sighing. He really seems like a remarkable man, and you sit up and listen when he is speaking. But his asset right now is to keep on doing what he is doing. We NEED people like him in the Congress NOW.


36 posted on 01/08/2013 7:58:55 PM PST by Exit148
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To: 2ndDivisionVet

No


37 posted on 01/08/2013 8:00:49 PM PST by morphing libertarian
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To: 2ndDivisionVet

No


38 posted on 01/08/2013 8:00:49 PM PST by morphing libertarian
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To: iontheball

Not to belabor the concept of an “evolving constitution”, but in the time of the founders, the concept of casual travel to foreign countries was unknown. You didn’t “vacation in Europe”, so they didn’t really have to think about whether US parents might be off on a Russian cruise vacation and go into labor and have a kid in St Petersburg.

And they would NEVER have thought about a soldier and his wife being deployed long-term on foreign soil, and having a U.S. Citizen child on a military base in Germany.

Interestingly, because Embassies are considered “U.S. Soil”, a child born of U.S. citizens in an Embassy would be NBC, but if you drove them to the local hospital to have the kid, technically the kid isn’t NBC. Certainly THAT was not something the founders really considered.

The bigger issue is that the term “natural born Citizen”, at the time the constitution was written, was not a term of art.


39 posted on 01/08/2013 8:37:43 PM PST by CharlesWayneCT
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