Judge Nap: Cruz's American Citizenship Is Settled and Established

Fox ^ | 1/11/15 | Staff

[VinL]

Donald Trump continues to raise the issue of Sen.Ted Cruz's (R-Texas) American citizenship.

In a Fox News Sunday interview (below), Trump argued that the Canadian-born senator must "get this problem solved" before potentially running against a Democrat in the fall and facing a lawsuit.

"Does 'natural-born' mean born to the land, meaning born on the land? In that case, he's not. But nobody knows what it means because it hasn't been adjudicated and it hasn't gone to the Supreme Court," said Trump.

On America's Newsroom this morning, Fox News senior judicial analyst Judge Andrew Napolitano said that Cruz's American citizenship is "well-settled and established" under a law that goes back 100 years.

Napolitano said Cruz's citizenship cannot be questioned, since his mother was an American citizen when he was born.

"A human being born in another country with at least one parent who is an American citizen, who lived in the United States for at least one year during the parent's life before the birth, is an American citizen. That is exactly Ted Cruz's situation. ... [He] is a natural-born American citizen," Napolitano explained.

He agreed with Martha MacCallum that the reason for bringing this up is "political," not legal, since many voters may not know the law.

Napolitano said Cruz could benefit from getting this cleared up now, rather than later. But he noted that Trump is correct that the Supreme Court has never reviewed the law "because the issue has never come up."

[Boardwalk]

Oh no, Cruz all the way and in his posting history he slams trump in just about every post. He thinks he is the most conservative Freeper to ever post....and he is so spiteful he is voting for Hillary in the general should Trump be the Republican. He tried to say Trump likes hillary for president too, and it’s not like Trump will be the nominee anyway, going further to tell me, and you know it!

[Boardwalk]

They will vote for Trump in the general, except for the Muslim who came in peace and her demented jewish lawyer!

[Crusher138]

If we are taking “original intent” into consideration, since the founders did not want anyone running for President to put the desires of a foreign power ahead of those of the US, has there been any evidence of Ted Cruz being a Canadian or Irish mole?

Has he put forth any legislation that would benefit Canada or Ireland?

Has he been seen having clandestine meetings with representatives of the Canadian or Irish governments?

Has he, in ANY way put the interests of Canada or Ireland ahead of the interests of the US?

[freedomjusticeruleoflaw]

Every question the wrong question. What if he was raised in Saudi Arabia? Would you still be offering this ridiculous reasoning?

[abigkahuna]

Heart of Georgia, Here is a link I found. Scroll down to Queen Noor..In it it is admitted that she never relinquished her American Citizenship.

https://en.wikipedia.org/wiki/List_of_former_United_States_citizens_who_relinquished_their_nationality.

Born Lisa Halaby in Washington, D.C. in 1951, she became a Jordanian citizen upon her marriage to King Hussein of Jordan in 1978. She claims she automatically lost U.S. citizenship by obtaining Jordanian citizenship, but that she did not renounce it.[251]

[SecondAmendment]

Let’s ask Tom DeLay how well that “due process” stuff worked out for him ... it does NOT apply to conservatives !

[Crucial]

Napolitano claims NBC is undefined. If this goes to the Supreme Court, Cruz will be disqualified. This is exactly what Hillary needs to win-by default.

[Crusher138]

No, if you are going to attempt to read original intent into documents (like why did they change “natural born citizen” to “citizen” when they amended/changed a 1790 document in 1795) then the ACTUAL intent of the founders - that they didn’t want a foreign power to have influence over our President - is absolutely fair game.

It is RIDICULOUS to suggest that Ted Cruz will be influenced by Canada or Ireland.

However if there was evidence that Ted’s mother maybe didn’t meet the residency requirements, or that Ted’s father was a foreign communist with an anti-America background, or that Ted had been educated in a foreign Madrasa where he had to give up his US citizenship to attend school, or if he had received scholarships as a foreign born student, or if he had written in a book that if it was a choice between Canada or the US he would side with Canada, then maybe we should be concerned.

[itsahoot]

Not one political pundit including Rush includes Natural Born Citizen in their argument, only Citizenship. Well if the facts don't fit the argument then just change things like Euthanasia the "Right to Die with Dignity" Or killing babies to "Freedom of Choice" or "Natural Born Citizen" to Citizen. Much easier to win arguments when you can change the subject with out changing the subject.

I am and have been consistent with my opinion of NBC I am certainly not God but on this issue I change not.

[Impy]

"Does 'natural-born' mean born to the land, meaning born on the land? In that case, he's not. But nobody knows what it means because it hasn't been adjudicated and it hasn't gone to the Supreme Court," said Trump.

Born on the land? It means born a citizen, which he was because his mother was, where his father was and what country or planet he was born in/on is irrelevant.

Natural-born, naturalized, 2 kinds of citizens, that's all we have. Anyone that doesn't know that is a dingbat who likes to invent their own constitutional interpretations.

[skeeter]

Natural-born, naturalized, 2 kinds of citizens, that's all we have. Anyone that doesn't know that is a dingbat who likes to invent their own constitutional interpretations.

Killjoy.

[RightGuy]

He was a Canadian citizen until just mid-2014, shortly after he says he FIRST learned that he was a Canadian citizen. And that’s the self-proclaimed “constitutional scholar” - who didn’t even “realize” his own legal status?

Yeah, right.

He knew all along and only came clean when the media inquired; then, and only then, did he renounce his Canadian citizenship - because he got caught! (He knew this was a problem and thought he’d skate by).

[Heart of Georgia]

Okay, thank you. Even though she states she didn’t formally renounce, it appears she was aware and accepted the fact that, upon obtaining Jordanian citizenship, she automatically lost her American citizenship.

[itsahoot]

I love Levin but he is willing to bend the Constitution, on this issue, in order to get the outcome he wants. This does not define a Conservatives conservative for me. I would certainly vote for Cruz if he wins, but I have never thought he would win for reasons other than NBC.

If he really is the one we think he is then the GOPe will blow up the party before they allow him to win.

[katiedidit1]

FACT: Trump is the ONLY GOP candidate running who supported the Establishments of BOTH parties (mostly democrats), and NEVER endorsed a grassroots conservative for POTUS.
He donated to Carter and Mondale over Reagan. He supported the candidacy of Bill Clinton, TWICE; and credits Slick Willy as the best president in the last 20 years. He supported John Kerry’s presidential run in 2004. He supported Nancy Pelosi as Speaker in 2006. He supported, and said his Marxist friend Hillary would make a good president in 2008, and AFTER his Marxist friend Hillary lost the democrat nomination, he endorsed John McCain (Establishment candidate) only one month before the general election. He supported Obama and his policies (aka. said he would hire Obama, Obama’s Stimulus Package, auto bailouts, foreign policy, etc) from 2008-11. He supported Harry Reid’s Senatorial campaign over Tea Party favorite Sharon Angle in 2010. He donated 100k supporting John Boehner in 2012. He endorsed the GOP’s Establishment Presidential candidate in 2012

[SmokingJoe]

I Will believe Mark Levin over you or the know nothing liberal empty head that you support, a billion times out of a billion. It's not even close.
Neither you nor Trump are even on the same planet as Ted Cruz or Mark Levin when it comes to the constitution.

[itsahoot]

(Notice how, to many Trump supporters, anything negative said about Trump is an "attack," while anything negative said by Trump is just "answering a question" or the like?)

If circumstances were different and Cruz could have used this same issue against Hillary, we would have had endless posts extolling the Constitutional Brilliance displayed by the only conservative in the race.

Flexible morality is so useful in winning arguments.

[SmokingJoe]

How many cases has your know nothing law professor argued let alone won before the United States Supreme Court?
Did He ever clerk for the Chief Justice Of the Supreme Court?
Ted Cruz has done BOTH. He knows what constitutes a natural born citizen more than some random, far left Fordham professor.

[Godebert]

Levin is a Conservatives Conservative!

Levin is a coward and a fraud.

Watch: Mark Levin declares Ted Cruz a "Naturalized Citizen"

Mark Levin Attacks Birthers: Admits He Hasn't Studied Issue; Declares Canadian-Born Cruz Eligible

[Godebert]

Note the reference to Natural Law in the first sentence of our Declaration of Independence.

It is crystal clear that the Founding Fathers used the Natural Law definition of 'natural born Citizen' when they wrote Article II. By invoking "The Laws of Nature and Nature's God" the 56 signers of the Declaration incorporated a legal standard of freedom into the forms of government that would follow.

President John Quincy Adams, writing in 1839, looked back at the founding period and recognized the true meaning of the Declaration's reliance on the "Laws of Nature and of Nature's God." He observed that the American people's "charter was the Declaration of Independence. Their rights, the natural rights of mankind. Their government, such as should be instituted by the people, under the solemn mutual pledges of perpetual union, founded on the self-evident truth's proclaimed in the Declaration."

The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew

The Laws of Nature and of Nature's God: The True Foundation of American Law

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

MINOR V. HAPPERSETT IS BINDING PRECEDENT AS TO THE CONSTITUTIONAL DEFINITION OF A NATURAL BORN CITIZEN.

The Harvard Law Review Article Taken Apart Piece by Piece and Utterly Destroyed

Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same

"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.

A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789

The Law of Nations or the Principles of Natural Law (1758)

The Laws of Nature and of Nature's God: The True Foundation of American Law

Publications of the Colonial Society of Massachusetts, Volume 20 - Use of The Law of Nations by the Constitutional Convention