Posted on 01/17/2016 3:53:59 AM PST by Cincinatus' Wife
Constitutional lawyer Floyd Abrams says Republican presidential candidate Ted Cruz is on the right side in the argument over whether he can run for president.
"I think Senator Cruz is right that 'natural-born' as understood would more likely than not be held to mean someone that didn't need to be naturalized, didn't have to go through any procedure to be an American, as of course he did not because he had an American mother," Abrams told host John Catsimatidis on "The Cats Roundtable" on New York's AM-970 on Sunday.
Despite his belief that Cruz is a natural-born citizen, Abrams said the Supreme Court likely would not hand down a decision if petitioned in the case.
"I'll tell you what I think they would say: I think they would say we're not going to rule," he said. "I think they would say, we're going to treat this as what we call a political question. Congress can decide, the public can decide, but we're not going to pass on the issue of whether these words are of such magnitude as to disqualify someone for the presidency.
"I think that's where it would be left. I think it will ultimately be, even if Senator Cruz were to be elected president, one that the courts would just stay away from," he added.
Republican presidential front-runner Donald Trump has attacked the Texas senator for his Canadian birth, saying Democrats will sue him and discredit his candidacy in a general election.
Article II, Section I of the Constitution states: "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Cruz, who is also a constitutional lawyer, has maintained that he is eligible to serve as president.
Precedent Obama has rendered that clause moot.
Under the current definition of simply being born a citizen, if even only on one’s mother’s side, makes every anchor baby and Winston Churchill eligible. (his mother was an American)
I went to school in the 1960’s and was taught that natural born citizen was a subset of citizen and required only for the office of President. Must be born here to citizen parents. Reading the writings of the people who wrote the Constitution confirms this. They wanted no divided allegiance. If you could be anything other than a U.S. citizen, you can’t be a natural born citizen. No foreign births, no foreign parents.
Many people wanted the definition changed for various reasons. The Republicans had many more ineligible people coming up than the Democrats so they gave Obama a pass.
Having an usurper in office has not been good for the country, has it?
And I don't disrespect anybody for liking Cruz. He has a compelling message, and he is, I believe, sincere too. Just that this one blind spot of his (and I don't think it is a blind spot to him, but that's what it looks like) bugs me.
I also don't disrespect a person for voting for Cruz even if the person knows or believes Cruz is not qualified. It's a harsh world out there, and compromises on principle are inevitable. I'd probably vote for Cruz in the general, even though I would know I was enabling subversion of the (NBC part of) constitution. Once in awhile I feel like that's too dirty for me, but a person only votes once. I voted for McCain against my principles, so I'd probably vote for Cruz against my principles too.
That he is a Canadian?
Knowing theory is a huge help, but funny thing is, some people learn it the clinical technical way (that helps sharing) and others figure it out intuitively, without a clue as to the names of the notes or the clinical names for the various chords. I'm one of those who has squat for intuition, so learning theory really improves my playing.
I use a tuner app on my tablet. Yes, if the instrument drifts in tune, get another instrument. I've ditched a few that do weird things over a short period of time or under stress (bending strings).
And yes, proper setup makes a huge difference. Not just the action, but also the intonation.
I'll look you up on YouTube. I'm scared to google myself.
I did not vote for McCain because he wasn’t eligible. I will vote for Cruz if he is nominated, even though I believe he does not fit the original definition of natural born citizen.
The definition has been changed to mean born a citizen to make Obama eligible. Cruz is every bit as eligible as Obama.
And there is certainly that human sense that if the other guy cheated, then I can too. Doesn't make it right, it's one of those "compromises of principle" that is inevitable as we take our trip through this wonderful experience of life, that a loving God has gifted to us.
The biggest surprise for me is to see so many FReepers willing to dismiss the Constitutional prerequisite or twist the definition of NBC because they favor a single candidate.
Such phenomena make it easier to understand why Americans supported such Amendments as the Federal Income Tax and the 17th.
Esau and that immediate gratification need with long lasting results comes to mind.
You would think given the enormous attention and discussion of the “naturalborncitizen” issue you guys would be so kind as to restore that keyword to the forum header of keywords.
“NOt cool to be drinking the hard stuff before noon. Just saying, Poodle.”
Then why do you do it to the point you cannot read a Naturalization Act?
“Thanks for sharing that. I didn’t consider McCain unqualified - but maybe on flimsy legal basis. Both parents citizens ordered out of the country by the US government.”
The McCain deal was a sham negotiated with Obama and the DNC. McCain was ineligible due to be a naturalized at birth U.S. citizen. that’s why McCain did not put up any objections to Obama’s running for President. The Panama Canal Zone argument was just a strawman argument. McCain was actually born in a hospital outside the Panama Canal Zone and inside the territory and sovereignty of the state of Panama. His father’s U.S. citizenship fully qualified McCain as naturalized at birth U.S. citizen, but not as a natural born citizen.
I don’t know what else we could conclude.
OTOH, I viewed and still do, Congress as derelict for seating a person admitted to be born a dual citizen. Not even a discussion. Despicable. It's not Christian of me, but I hope they rot in hell, for a little while anyway.
I give up why?
Well I need to be more like you. YOu should perform.
In 2001 Senator Orrin Hatch (Republican - Utah) introduced a Bill seeking an Amendment to the Constitution removing the natural born citizen clause. He said that he was doing ti for people like Arnold Scwarzenegger, because he deserved to be able to serve as POTUS. Hatch was also one of the vocal people criticizing opposition to ineligible candidates on the basis of not being a natural born citizen.
No just tired of the stupid drivel from Trumpets
“Not even George S. Patton, Jr. believed he was ENTITLED to WIN every battle.”
George S. Patton, Jr.:
America loves a winner, and will not tolerate a loser, this is why America has never, and will never, lose a war.
You’re never beaten until you admit it.
Ah, but it doesn’t matter. According to the Tumpsters their man has already sewn up the nomination - without a single vote having been cast.
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