Skip to comments.Is Ted Cruz eligible to be president?
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. Thats triggered a debate about whether hes eligible for the nations highest office nevermind that hes been in Congress less than a week.
While theres no legal precedent for Cruzs situation, most constitutional scholars surveyed by POLITICO believe the 42-year-old tea party sensation would be OK. But theres 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
Hes 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 arent?(continued)
(Excerpt) Read more at hotair.com ...
Easy fix, buy a Hawaiian COLB...
No. Next question.
Stopped reading right there.
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.
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!
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?
If he wasn’t born in the U.S. he’s not eligible. It’s not complicated.
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.
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.
No. And neither is Rubio.
So that makes obama a British subject, right?
Assuming BO sr is his real father.
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.
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.
Sorry, forgot born in US to two non-citizen parents. Also known as the anchor baby.
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.
>Assuming BO sr is his real father.<
If BO sr were not his real father, then why all the chumminess with the Kenyan tribesmen?
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.
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"
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.
A citizen maybe, a NBC, not in my opinion.
For anyone interested the above linked article gives a lot of background info on Ted Cruz and his family.
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?
Someone shows a modicum of leadership and folks start talking about making that person President.
The GOP should watch and learn.
All he has to do is show them a phony birth certificate from Hawaii if anyone asks.
thanks 2ndDivisionVet, additional:
No, Claire McCaskill, he isn’t.
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!
Good article. I bet Cruz could/would even produce his Princeton and Harvard transcripts, if need be.
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.
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.
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.
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.
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.
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.