Posted on 01/08/2016 7:02:38 AM PST by jimbo123
With John McCain now stepping in and agreeing with Donald Trump that Sen. Ted Cruz (R-Texas) may be in trouble in his Presidential run because he was born in Canada, Texas constitutional law scholar Gerald Treece says it is time to end the silliness and move on, saying there is no doubt that Cruz, who was born in Canada and with a mother who is American and a father who is Cuban is in fact qualified to be President, News Radio 1200 WOAI reports.
Trump is warning of a constitutional challenge by Democrats if Cruz is the Republican nominee. But Treece, who is a professor of constitutional law at the South Texas College of Law, says that challenge wouldn't get very far.
"While there are very few decisions on this," said Treece, pointing out that the U.S. Supreme court has never specifically ruled on what the framers meant when they said the President has to be a 'Natural Born Citizen,' but he says there is plenty of scholarship on the issue.
"There is so much scholarship and it is almost unanimous, that not only is Cruz qualified to be President as a Natural Born Citizen, so is President Obama."
And McCain, who was born in the Panama Canal Zone, and Mitt Romney, whose father was born in Mexico.
Treece says all of this comes from the concerns that people around the world had in the 18th Century about being governed by 'foreigners.'
"What they didn't want in a President was a foreigner, someone coming over here from the dreaded England or the dreaded France and becoming President."
(Excerpt) Read more at woai.com ...
“A guy from Texas supports Texas Senator Cruz? Nice!! I guess this issue is settled.”
Why would Ted Cruz, a pretty good Constitutional scholar run for President if he knew that he wasn’t eligible? This is a man who eats, sleeps and breathes the Constitution. The only 3 or 4 people I would put up against him are Scalia, Thomas, Alito an Levin.
Cruz’s citizenship was decided long ago? Did you read the article?
Agreed. Ted fans never answer the question of why the great lawyer does not prove his case in court.
{”The fact there is so many articles and TV on this means it is an issue.”}
All of a sudden you believe the MSM??????
the insanity that has gripped some of you former “Conservatives” is frightening.
The reason judges haven’t decided this conclusively before is the the Judiciary used to shy way from electoral politics. If enough state secretaries-of-state certify a candidate for their state’s ballot, it’s very, very likely (even today) any court is going to attempt to overturn an election should that candidate win.
Exactly what “experts” said about Obama too. Whoop-dee-doo.
After Obama, no one running for president should have that stuff out of order.
“The nonsense he spouts”
Yeah, personally I hate the idea of the border being defended, reigniting American industry, taking care of our vets, or stopping ISIS from sneaking people into the nation myself, too. That crazy bastard needs to speak on real issues, like how many times he has been the church this year. /s
Actually trump is in the Cruz camp. They are coordinating on this.
... Trump tweets on the subject:
“@SenTedCruz Ted - free legal advice on how to pre-empt the Dems on citizen issue. Go to court now & seek Declaratory Judgment - you will win!”
“It was a very wise move that Ted Cruz renounced his Canadian citizenship 18 months ago. Senator John McCain is certainly no friend of Ted!”
” it’s very, very likely (even today) any court is going to attempt to overturn an election should that candidate win.”
Two words: Obama appointee
Two more: Clinton appointee
Hell here’s two more for the road: Bush appointee
Cruz needs a 100% win record on this up to and including SCOTUS. Hillary needs just one win.
The danger is that the judge who decides may be a screaming Lib on the Federal Bench who takes an appeal from Democrats the day after Cruz is elected.
Obama Overtime, anyone?
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
Yep, and that’s the problem.
Rome is burning and people want to argue about about this junk.
Cruz’s pedigree is an important issue, and should be addressed, by Cruz. He should show some leadership and ask the courts to resolve this once and for all.
But he’s just another politician, and will jink and jive, to the detriment of us all.
Wow.
For such a precise and brilliant person Cruz should have had this stuff in order if he wanted to run for president. Especially after it was such an issue with Obama. The fact he didn’t stuns me.
... Trump tweets on the subject:
“@SenTedCruz Ted - free legal advice on how to pre-empt the Dems on citizen issue. Go to court now & seek Declaratory Judgment - you will win!”
“It was a very wise move that Ted Cruz renounced his Canadian citizenship 18 months ago. Senator John McCain is certainly no friend of Ted!”
See Post 31.
Natural born means you are a citizen as soon as you are brought into this world, period. Birthright citizenship. Cruz meets this criteria.
You’re either a birthright citizen (natural born) or a naturalized citizen.
If you disagree, please cite chapter and verse what other kinds of citizenship there are and how one would go about acquiring them.
I never have thought Obama is legally eligible because his mother wasn’t old enough to confer citizenship...in addition to all the other issues - like was he a foreign student etc. Not that I’m an expert by any means.
We should not have this again but I think the rats are lying in wait for this.
I just read the article. I am not a lawyer. There appear to be legal arguments here. Did you read the article?
If Obama was born in Hawaii, or is legally accepted to have been born in Hawaii, the mother’s age makes no difference.
That isn’t what I read.
The reason why Rome is burning is precisely because O’nero was never challenged on his eligibility.
This includes most of the so called conservative capons in talk radio.
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