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NYT GOES BIRTHER: ATTACKS 'CANADIAN-BORN' CRUZ, CALLS HIM 'MCCARTHYITE'
Big Journalism ^ | Feb 16 , 2013 | Tony Lee & Stephen K. Bannon

Posted on 02/17/2013 6:52:48 AM PST by SMGFan

Liberals, the mainstream media, and establishment Republicans often reveal which conservatives they fear by their level of disdain and vitriol.

This week, they put their crosshairs on freshman Texas Sen. Ted Cruz (R-TX), a Tea Party conservative of Hispanic descent who undermines the mainstream media's ability to advance their false notion that being a minority and Tea Partier are mutually exclusive. He is a conservative who showed no desire to defer to the Senate's "courtly" ways, the preferences of the institution's old bulls.

The sinking ship that is the New York Times, the so-called paper of record, provided evidence of what it fears most in its Saturday edition: strong, distinct full-throated conservative voices from folks who ain't "country club," geriatric, and white. The Washington Post and Politico joined the times in assailing Cruz this week for similar reasons. The Times did a thorough review of the freshman senator's stunning seven-week run:

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: birthers; cruz; naturalborncitizen; tedcruz
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Addendum: See Orwell’s definition of “fascism”: http://orwell.ru/library/articles/As_I_Please/english/efasc

Example: “This fascist cup of Starbucks coffee tastes like burned camel urine! And a fascist dromedary, at that.”


51 posted on 02/17/2013 11:53:58 AM PST by tumblindice (America's founding fathers: All armed conservatives.)
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To: BarnacleCenturion

It is a start. So Cruz is not Mexican, but he is Hispanic.

We need all advantages. Cruz is a good start.

Now: Bring back US jobs also. That is a big thing. Jobs.


52 posted on 02/17/2013 11:54:23 AM PST by Cringing Negativism Network
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To: BarnacleCenturion
Nonsesnse. For one thing, hispanics of Mexican descent do not identify with hispanics of Cuban descent, so the race card would give Cruz and Rubio a slight edge in south Florida and that’s about it.

I remember hearing that blacks wouldn't vote for Obama because he didn't share in their history of slavery and discrimination. Yet they voted for him in droves.

Anyways, don't have to win all of them. Or even most of them. If someone like Rubio or Cruz could pull in a mere 25-30% of Hispanic voters (the same as G.W. Bush did, IIRC) this would probably be enough to swing the election. It's losing 90+% of every non-white demographic that's killing us electorally.

53 posted on 02/17/2013 11:55:36 AM PST by Drew68
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To: ProtectOurFreedom

I have the Venona Secrets and the first time I read it, I was stunned how the press, for years, has been protecting the communists foothold in this country.


54 posted on 02/17/2013 12:01:03 PM PST by tillacum
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To: Viennacon

The question is did his father naturalize to become a U.S. citizen before Ted was born? If not, he is not a natural born Citizen eligible for Article 2 Section 1.


55 posted on 02/17/2013 12:03:28 PM PST by Cold Case Posse Supporter
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To: Drew68
I believe only his mother was. Doesn't really matter. He was born a U.S. citizen. He didn't have to naturalize.

The only way he can be declared a Citizen is because it was passed through the blood of his parent's Citizenship.

Ergo, obammie is a dual Citizen, not NBC.

56 posted on 02/17/2013 12:06:58 PM PST by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: SMGFan

Yeah, right. Exactly as much as John McCain is Panamanian born.


57 posted on 02/17/2013 12:19:34 PM PST by cynwoody
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To: Girlene
The precident in the Senate is to give the president who/whatever he nominates.

The standard phrase is "Advise and Consent". Unless the President is Republican, of course, in which case Democrats are perfectly within their rights to obfuscate, smear and lie to sink nominations.

58 posted on 02/17/2013 12:21:56 PM PST by Colonel_Flagg ("Don't be afraid to see what you see." -- Ronald Reagan)
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To: Cringing Negativism Network
Please illuminate us on the Canada vs America issue with Cruz.

Is he American?

His mother, Eleanor Darragh, was born in Delaware of Irish and Italian descent. She married Rafael Cruz, a Cuban, who immigrated to the US in 1957 and graduated from the U of T in 1961. Ted was born in Calgary in 1970, where his parents were working in the oil business. They moved back to Houston when Ted was four. Therefore, he is not Canadian-born, but, rather, born in Canada.

By virtue of his parentage, Ted Cruz is a natural born citizen, being entitled to US citizenship by birth via at least his mother (I don't know if his father was naturalized).

59 posted on 02/17/2013 12:31:15 PM PST by cynwoody
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To: Colonel_Flagg

“Advise and Consent” - thank you for the correct phrase. Notice the Constitution does not say “Rubberstamp”. According to all the pundits and Lindsey Graham et al, it sure sounded like a Rubberstamp to me; they just wanted to play politics with the nomination process for a bit.


60 posted on 02/17/2013 12:54:53 PM PST by Girlene
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To: duckworth
McCarthyite!

That's a label to wear with pride along with intolerant, racist, gun nut, anti-choice, Bible thumper, homophobe and other pejoratives that the left uses to diminish Conservatives. One that I personally consider a real badge of honor is: Southern, white, heterosexual, gun-toting, right-wing, born-again Christian male. To the commies, that's Kryptonite but it describes real Americans, the ones who have a plan of salvation for our country.

61 posted on 02/17/2013 12:55:01 PM PST by re_nortex
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To: Cold Case Posse Supporter
The question is did his father naturalize to become a U.S. citizen before Ted was born? If not, he is not a natural born Citizen eligible for Article 2 Section 1.

His father naturalized in 2005 but it doesn't really matter because no court seems willing today to adopt the birther definition of natural born citizen that requires both parents to have been U.S. citizens. This means you are free to vote against him on this basis if you wish, but if you think Senator Cruz is going to face any legal hurdles over his eligibility due to the fact that his father was not a citizen, think again. It's not going to happen. It wasn't an issue when Bill Richardson ran for President. It wasn't an issue when Barack Obama ran for President. And it won't be a legal obstacle for Marco Rubio, Bobby Jindal, Nikki Haley, or anyone else with foreign parentage who decides to throw their hat into the ring.

The courts just aren't buying this.

62 posted on 02/17/2013 12:56:13 PM PST by Drew68
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To: Drew68

The courts will care in 2016 if its a Republican


63 posted on 02/17/2013 1:14:13 PM PST by GeronL (http://asspos.blogspot.com)
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To: BarnacleCenturion
hispanics of Mexican descent do not identify with hispanics of Cuban descent, so the race card would give Cruz and Rubio a slight edge in south Florida and that’s about it.

Well, except for their ability to address private sector/economic freedom types, anywhere...in Spanish.

64 posted on 02/17/2013 1:14:34 PM PST by ROCKLOBSTER (Hey RATS! Control your murdering freaks.)
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To: Drew68

If Cruz or any other person can be molded into the requirement of ‘natural born citizen’ for POTUSA as differentiated from ordinary ‘citizen’ for Congresspersons as given in the Constitution you have found a winner.


65 posted on 02/17/2013 1:18:00 PM PST by noinfringers2
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To: Carry_Okie

“. . . He won’t get the air time. We’ll have to get the word out by ourselves. It won’t be easy.”

And let’s be careful to not do so in any inappropriate venues a la Dr. Carson at the Prayer Breakfast or they won’t like us.

WE’ll check with Cal Thomas, Bill Bennett and John McCain.

We won’t want anyone to be mean to us.


66 posted on 02/17/2013 1:18:06 PM PST by stanne
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To: Girlene
According to all the pundits and Lindsey Graham et al, it sure sounded like a Rubberstamp to me; they just wanted to play politics with the nomination process for a bit.

It's the old 'pretend we're tough to appease the base' ploy. What they don't realize is that we see right through it.

We expect opposition to the Marxist. We expect that opposition to be scorched-earth, consistent, and perpetual.

ALL the time.

The gloves are off. The Tea Party can and does take out candidates who do not realize that portions of the base have no desire to live on the Grand Old Plantation.

67 posted on 02/17/2013 1:22:28 PM PST by Colonel_Flagg ("Don't be afraid to see what you see." -- Ronald Reagan)
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To: David; MestaMachine; thouworm; Rushmore Rocks; Oorang; dragonblustar; jersey117; Velveeta; ...

*

.

— NYT GOES BIRTHER: ATTACKS ‘CANADIAN-BORN’ CRUZ, CALLS HIM ‘MCCARTHYITE’—

Article, then David’s comments at # 30 , and # 49 .

Thanks, David.

.


68 posted on 02/17/2013 2:00:15 PM PST by LucyT (In the 20th century 280 million people were killed by their own governments.)
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To: SMGFan
NYT GOES BIRTHER: ATTACKS 'CANADIAN-BORN' CRUZ, CALLS HIM 'MCCARTHYITE',


69 posted on 02/17/2013 2:16:49 PM PST by VeniVidiVici (Obama's vision - No Job is a Good Job)
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To: cynwoody; LucyT; null and void; Brown Deer
His mother, Eleanor Darragh, was born in Delaware of Irish and Italian descent. She married Rafael Cruz, a Cuban, who immigrated to the US in 1957 and graduated from the U of T in 1961. Ted was born in Calgary in 1970, where his parents were working in the oil business. They moved back to Houston when Ted was four. Therefore, he is not Canadian-born, but, rather, born in Canada.

By virtue of his parentage, Ted Cruz is a natural born citizen, being entitled to US citizenship by birth via at least his mother (I don't know if his father was naturalized).

OK. The statute you would be looking for I think is somewhere in 1406 or 1409 or 1411 of the USCA--I don't have time or inclination to try to look it up at the moment.

You will also want to know on what date Eleanor was born because the applicable mother only statute turns on the number of years after age 14 his mother had her permanent residence in the US before he was born.

You may also want to know the day of the year Ted was born because the applicable statute was amended several times in the 1960's and 70's and when you look at the effective dates of the amendments which you will find in the footnotes to the USCA section, you will see that the amendment applies only to persons born after a specified date.

All of that to confirm your hope that he is eligible under the Constitution to hold the office of US Senator.

As to the Natural Born clause in Article II, Section 1, there are a number of poster's here who are not lawyers--Constitutional Lawyers all know that the test of Natural Born Citizenship is place of birth--to be Natural Born, you need to have been born within the geographical territory of the several states; nothing else is relevant--period.

You can wish the result were otherwise in the case of Cruz; you can wish you could prove the place of birth of the current occupant of the White House because he too was born outside the US. But there isn't any real lawyer in the Constitutional Law business that would want to be in court with the argument for Natural Born for a client who was not born in the US.

70 posted on 02/17/2013 3:40:47 PM PST by David
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To: tillacum

Me, too. You learn that the NYT, Washington Post, Time, et al have had communist writers for decades and toed the Soviet line. It’s not a new pattern of behavior we are seeing, but one that goes back nearly 100 years now!


71 posted on 02/17/2013 3:48:53 PM PST by ProtectOurFreedom
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To: eekitsagreek; The_Media_never_lie

Your posts give me the opportunity to mention a new, small, 36 page red pamphlet from David Horowitz entitled: “Go For The Heart” ‘How Republicans Can Win.’

While many are concentrating on winning more Hispanic votes, he talks about something else.


72 posted on 02/17/2013 3:56:02 PM PST by USARightSide (S U P P O R T I N G OUR T R O O P S)
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To: David
You will also want to know on what date Eleanor was born because the applicable mother only statute turns on the number of years after age 14 his mother had her permanent residence in the US before he was born.

She would have been 35 when he was born.

As for eligibility to be president, Cruz falls into the same category as McCain. Both were born citizens because of their parentage. And being entitled to citizenship by reason of birth, as opposed to naturalization, is all natural-born means.

Constitutional Lawyers all know that the test of Natural Born Citizenship is place of birth

Where is that written? Military brats born abroad are not eligible? That would be laughed out of court!

According to a Congressional Research Service report:

The weight of legal and historical authority indicates that the term “natural born” citizen would mean a person who is entitled to U.S. citizenship “by birth” or “at birth,” either by being born “in” the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship “at birth.” Such term, however, would not include a person who was not a U.S.citizen by birth or at birth, and who was thus born an “alien” required to go through the legal process of “naturalization” to become a U.S. citizen.

you can wish you could prove the place of birth of the current occupant of the White House because he too was born outside the US.

Little Barry Bastard's place of birth is the least of the reasons he should not be President.

73 posted on 02/17/2013 8:18:57 PM PST by cynwoody
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To: stanne
And let’s be careful to not do so in any inappropriate venues a la Dr. Carson at the Prayer Breakfast or they won’t like us.

Your point is? Just because Cruz won't get the face time he needs isn't any reason for him to change the message.

74 posted on 02/17/2013 8:19:55 PM PST by Carry_Okie (The environment is too complex and too important to be "protected" by government.)
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To: Carry_Okie

My point is sarcastic. Cruz is going to say what he thinks is right and he’s going to take criticism from all the RINOs for not being polite.


75 posted on 02/17/2013 8:40:18 PM PST by stanne
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To: stanne
Cruz is going to say what he thinks is right and he’s going to take criticism from all the RINOs for not being polite.

Nobody is going to know or care what he says if he doesn't get air time. If the left can't twist his message it will "interpret" one. We have to get it out.

76 posted on 02/17/2013 9:23:21 PM PST by Carry_Okie (The environment is too complex and too important to be "protected" by government.)
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To: cynwoody
That would be laughed out of court!

Really? What makes you believe that? Are you a Constituional lawyer? or do you even have a law degree?
77 posted on 02/17/2013 9:35:39 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer
Really? What makes you believe that?

You think if Ted Cruz decides to run that there will be a judicial hearing on the matter of his eligibility? I doubt that. It won't get that far. Sure, there will be a bunch of people bitching about it on the internet but as far as being adjudicated in a courtroom, ain't gonna happen.

The Senate will pass the same resolution they did with McCain allowing Cruz on the ballot. Left wing birthers will scream Cruz is ineligible. Much like with Obama, they'll get nowhere as courtroom after courtroom dismisses all legal challenges.

So there you have it.

78 posted on 02/17/2013 9:54:07 PM PST by Drew68
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To: SMGFan

I love Cruz, he is using Democrat tactics against the Democrats.


79 posted on 02/18/2013 7:11:15 AM PST by Dustbunny ("Government does not solve problems; it subsidizes them. " Ronald Reagan)
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To: David; nutmeg
"He was born a U.S. citizen.
So the bottom line is that Ted Cruz *is* a U.S. citizen, and therefore eligible to run for President?

Not nit-picking here, I'm just trying to get it straight...

Be good if he was--get someone to tell us how he complied with which citizenship at birth statute.

======================================================================

There's the crux of the issue.

Assuming Cruz was born in Canada, to a Cuban national father and an American citizen mother, Cruz would be Canadian and possibly a US citizen if his mother meet the requirements to pass citizenship to Ted set by Congress at the time.

Key point there. Congressional law, at the time.

Congress only has the Constitutional power of setting naturalization laws.

This means, if Ted Cruz is a US Citizen, he is so because of the naturalization laws in place at the time.

He is, then, a naturalized citizen at birth.

Since naturalized citizens are not "natural born Citizens," he's not eligible.

It's interesting to note, that the oath for naturalized citizens of the US requires them to "... hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen."

In the eyes of US law, those that become naturalized citizens by oath are not allowed to be dual citizens/nationals. Yet, a citizen at birth (naturalized or by 14th Amendment), can be a dual national and many here believe (unlike myself) that a "natural born Citizen" may also be a citizen of a foreign country.

Quite the contradiction.

80 posted on 02/18/2013 9:59:35 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: IMR 4350
"His father left Cuba when Casto came in so I don’t believe he would have still been considered a Cuban citizen and probably couldn’t pass Cuban citizenship to Ted."

If his father lost his Cuban citizenship simply by leaving the country (unlikely), and he hadn't been naturalized a US (or other) Citizen yet...he would have been considered a stateless person.

81 posted on 02/18/2013 10:03:36 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

I may be wrong, but I believe Castro stripped those that left of their citizenship so they couldn’t come back. Didn’t want non commies to come back and start a revolution against him.

IIRC he did the same thing with the Marial (SP?) Boat Lift so they couldn’t be returned. Convenient way to have us take his criminals and mental cases.


82 posted on 02/18/2013 10:26:50 AM PST by IMR 4350
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To: IMR 4350
"but I believe Castro stripped those that left of their citizenship so they couldn’t come back. "

A possibility, yes.

If true, his father would have been stateless until the time he naturalized in another country.

83 posted on 02/18/2013 10:41:09 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Do you know if Canada, at the time Ted was born, made you a citizen simply because you are born in Canada?

As far as I know the US is one if not the only country that makes you a citizen simply by being born in the country.

Even in this country it was never intended, it was the black robs that made it so.


84 posted on 02/18/2013 10:47:57 AM PST by IMR 4350
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To: Drew68; David; LucyT
You didn't answer the question, did you?

So there you have it.

You don't really know what you're talking about, do you?
85 posted on 02/21/2013 5:22:06 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer
You don't really know what you're talking about, do you?

If Cruz wants to run for President, do you think he will face any serious legal challenge to his eligibility?

86 posted on 02/21/2013 5:30:35 PM PST by Drew68
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To: Brown Deer; Drew68; LucyT; rxsid; null and void; nutmeg
You didn't answer the question, did you?

So there you have it. ------------------------------------

No. He didn't.

But I have ducked an insightful proposition in rxsid's #80.

How exactly does a person become a citizen of the U S at birth? Who decides?

Easy to say the 14th Amendment makes everyone born in the US a citizen for all purposes which is how the Court will come down.

But born outside the US? The Constitution only specifically authorizes Congress (Article I, Section 8, the fourth clause) to "establish an uniform Rule of Naturalization. . . ." For that matter, born inside the US prior to the 14th Amendment--what was the law? What is the current state of International Law on that topic?

Says rxsid, anybody born outside the US who needs to rely on the statute for citizenship at birth is effectively relying on a Naturalization proceeding because that is all Congress is authorized to provide for.

In no event, would such a person be Natural Born; in fact, it is going to be a struggle for anyone born outside the US without two citizen parents who are at the place of birth on an intermittent stay to ever be a citizen at birth.

The mother citizen statute on which Cruz would need to rely is a problem. It is probably unconstitutional because a person born to a married father and mother where the father was a citizen and the mother was not a citizen did not get automatic citizen at birth status.

More important, the argument set forth by the Congressional Research Service opinion in the last 14 pages of the opinion that a person born outside the US might be Natural Born is clearly bogus.

The Constitutional Bar has generally rejected that portion of the opinion on substantive grounds but I don't think anyone has really attacked it on a power's basis--the idea is that there aren't any facts that would fit Congress having the power to grant such citizenship other that the uniform rules of naturalization clause. No way could such a person be treated as Natural Born. Is that correct?

In the eyes of US law, those that become naturalized citizens by oath are not allowed to be dual citizens/nationals. Yet, a citizen at birth (naturalized or by 14th Amendment), can be a dual national and many here believe (unlike myself) that a "natural born Citizen" may also be a citizen of a foreign country.

Once you get to the point that the power comes from Section 8, the oath issue doesn't mean much to the Natural Born argument.

On the other hand, from a Constitutional Law point of view, there isn't any reason why a person, born in the US, who is a citizen under some rule adopted by some other country, would be treated as anything other than Natural Born. There isn't any jurisdictional reason the sovereign of that country would have any power over the person born in the US.

The sovereign of the second country has simply given the person the rights and privileges of a citizen; wouldn't burden his exercise of the power of chief executive of the US in any way I can see; nor do I see anywhere in the history that the founder's were ever worried about it.

rxsid is wrong about the dual citizenship argument. But he raises an interesting point about the powers that I don't see the answer to although I haven't done any research on the topic either.

87 posted on 02/21/2013 9:01:54 PM PST by David
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To: Drew68
lol, there you go again, implying that you are answering another question, but not really answering it.

So it's quire obvious that you have zer0 expertise on this subject.

Why do trolls answer questions with questions?
88 posted on 02/21/2013 9:47:21 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer
OK, you want to know why I believe Cruz won't face any serious legal obstacles if he wants to run for president? Simple. The courts won't stand in his way. They have no interest in this stuff. A mountain of dismissed birther lawsuits against Obama should tell you as much.

Like I said before, the Senate will resolve that Cruz meets the definition of NBC and the courts won't touch it. There you go. Should be simple enough for you to understand.

89 posted on 02/22/2013 10:23:19 AM PST by Drew68
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