Posted on 11/25/2015 10:02:47 AM PST by Isara
WASHINGTON - The New Hampshire ballot commission today rejected efforts to kick Canada-born Sen. Ted Cruz off the primary ballot based on his birth outside the United States.
That clears a key legal and political obstacle as the Texas Republican seeks the GOP nomination for president. But it's not a clear win on the question of eligibility.
Rather, the panel found that with the law of eligibility so murky, it can't second-guess the senator's own claims that he passes constitutional muster.....
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Two asserted that Cruz is not a "natural born citizen" - the phrase used in the Constitution when discussing eligibility to serve as president - because he was born in Calgary, Alberta.
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A third challenge hinged on the fact that one of Cruz's parents, his father, Cuban-born Rafael Cruz, was not a U.S. citizen at the time of Ted Cruz's birth.
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An attorney for Cruz, Bryan Gould, submitted a 24-page brief ahead of time and represented Cruz at the hearing. He argued that two of the people challenging Cruz lacked standing - one is from New York, the other from Pennsylvania - and that even on the merits, Cruz's American citizenship at birth carries the day.
Cruz argued that only the Electoral College has the authority to judge whether someone is eligible to be president and, on appeal, the U.S. Congress.
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"I'm really disappointed that they copped out," said Carmon Elliott, a Pittsburgh, Pa., retiree and a registered Democrat.
He crafted one of the challenges, also filed by a friend who lives in New Hampshire to ensure it wasn't dismissed for lack of standing. In 2008, Elliott filed a similar challenge aimed at Sen. John McCain, the eventual GOP nominee, who was born in the U.S.-controlled Panama Canal Zone.
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(Excerpt) Read more at trailblazersblog.dallasnews.com ...
Nothing in the Constitution defines the term either. Rubio is a natural born citizen because he was born here.
DD, these comments are not personally directed at you.
But this is a question I have.
How can a 14th Amendment anchor baby be equivalent to a natural born citizen?
When Rubio was born, what jurisdiction was he subject to?
The United States or Cuba?
Which jurisdiction were his parents subject to?
Natural born has a meaning, and Rubio does not fit it.
He did not even have one American parent.
Being born here makes him a native born citizen, but not a natural born citizen.
As for definitions in the Constitution, the term Letters of Marque is not defined either. But we know the meaning.
I think that there were questions about Chester Arthur's birth.
U.S. Same for his parents.
Being born here makes him a native born citizen, but not a natural born citizen.
Where does the Constitution mention "native-born"? It mentions natural-born and naturalized and that's it.
“I think Cruz passes the test for citizenship mostly because I like the guy.”
When we were talking about the Kenyan Commie, people were saying that both parents and the candidate all had to have been born in the US.
Jurisdiction subject to—is in relation to which government has a claim on you.
How can the US have a claim on a new born baby that is not born of its citizens?
Why would it have a claim.
The writer of the 14th Amendment never said such a thing.
Had Rubio's parents stuck up a liquor store then the U.S. authorities could have arrested, tried, and jailed them. That's quite a claim. While here they were subject to the jurisdiction of the U.S.
How can the US have a claim on a new born baby that is not born of its citizens?
Born in this country. Jus soli.
See this link for a discussion of what the meaning of “subject to the jurisdiction thereof” means.
Something has gone wrong with the interpretation of words since 1866.
If that happens, he'll handle it.
It's considered a settled matter, except among conspiracy theorists.
Cruz Sr was definitely a Canadian citizen. It remains unclear if he was a Canandian when Cruz Jr was born, though.
After 1868. That's important because that's when men changed the laws of nature.
One is by the laws of nature, the others is by the laws of man.
And it's the Declaration that created US citizens, not the Constitution.
This is the part that worries me.
Perhaps a few ignorant people were saying that. Most people who were researching this said that the FATHER had to be an American citizen. He didn't have to be born an American citizen, he could be naturalized, but he had to be a citizen BEFORE his children were born in order for them to be Natural citizens.
It's like adoption. An adopted person can give the family name to their own children if they are adopted BEFORE their children are born.
If they are not, then their children will be born with the family name they hold at the time of their birth.
#4, to wit:
All Cruzers should be aware and prepared that if Cruz is on the ticket whether as Pres or VP, the Dems and Hillary are coming after him in the courts about his eligibility, and there are plenty of liberal judges out there, a given, who don*t like Cruz.
Check out article, then ... # 4 , # 10 , # 12 , # 15 .
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If that is the source of "Natural Born" then why weren't slaves citizens? Why did we have to pass a law (the 14th amendment) if that was already the law?
Your claims do not hold water.
None of this is at all surprising in a country in which political expedience and self-interest always seems to trump the Constitution’s requirements.
Here’s the honesty test:
What would your response be if Hillary Clinton had been born in another country of a father from a communist country?
If you can honestly say that you would publicly sign off on her eligibility for the presidency under those circumstances, fine.
That is an incorrect and unfair characterization of people who have actually researched this topic and found a mountain of evidence demonstrating most "experts" are factually incorrect.
Citizenship was created by the Declaration of Independence, not the US Constitution. The philosophy underpinning the Declaration is "Natural Law" as informed by Vattel and other natural law philosophers. Thomas Jefferson's copy of Vattel is literally littered with notes on the Declaration.
The term "citizen" itself comes from Vattel's usage of it in his chapter entitled "Des citoyens et naturels".
It is not a "Conspiracy" to note that most legal experts haven't studied this issue at all, and simply defer to a misinterpretation of the 1898 Wong Kim Ark decision regarding the 14th amendment.
Rafael Cruz was a Cuban citizen until 2005.
35 years after his son Rafael Edward "Ted" Cruz was born in Canada.
Eleanor Darragh, the mother of Ted was a US citizen born in Delaware.
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