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.
Yes, it’s starting to look that way. And this helps Trump in those purple states.
Plus, Glenn Beck is supporting Cruz, and there’s some messy underpinnings there where by there’s some connection to Beck’s gold selling thingy is run by someone who runs one of Cruz’s PACs.
CRuz did not have a good week. He’s now taking more incoming than Trump did.
This puts it all nice and neatly out there. Every one else is blowing smoke when they say “they know for certain,” like this judge Napolitano idiot.
I admit it. I prefer Cruz and I am NOT a constitutional lawyer.
Someone needs to do a quick vetting and that means a SCOTUS decision however that is accomplished (remember....I’m not a lawyer nor do I play one on TV). No need, FReepers, to explain your views on the legal ramifications.....I’ve heard cogent arguments from both sides. A decision is needed by someone who counts.
I will gladly vote for Cruz or Trump in the general
I thought he was too. BUT he’s not. That’s the bottom line. He’s not, Folks. And if he wins the nomination, it will be big time all the way to the end. You’ll have both Hillary and Cruz fighting in the courts at the same time. And in the end, they’ll postpone the election, and guess what... Obama stays in four more years.
Usually the point is inconsequential, and decision by appeal to authority and ad hominem is good enough. But if the question or issue is important (to you), take the time to question what you are told. It is so worth it.
Yup.
I think you’re point, is the only point. Any other opinion is pure speculation. It needs to be settled, like real fast.
Lonesome Rhodes has a good shot at taking the Republican nomination for the presidency.
If you want to play birther tiddlywinks while Rome is burning, that's up to you.
That doesn't make Cruz into anything, one way or the other.
My point is that if Cruz is willfully misleading the public, that is a serious character flaw. Maybe Cruz is sleazy too, just better at hiding it. "Slicker"
See John Roberts, from hero to goat.
Mary Brigid Mcmanamon
Sorry, but you lost me right there.
Absolutely Cboldt.
So, this Flloyd ‘thinks’ Ted Cruz is right and this makes Ted Cruz supporters happy. Good God, I am so freakin’ sick and tired of candidates and presidents with questionable birth issues.
Trump 2016. Because there is no plan ‘B’...
“Tribe said: âThere is no single, settled answer.”
Tribe is wrong, and he is dissembling to protect Obama. The answer is settled, because Ted Cruz is a naturalized at birth U.S. citizen with no more right to eligibility for POTUS than any other naturalized U.S. citizen like Arnold Schwarzenegger. See the Immigration and Naturalization Act used by Ted Cruz to acquire U.S. citizenship.
66 Stat. Public Law 414 - June 27, 1952
TITLE III - NATIONALITY AND NATURALIZATION
Chapter 1 - Nationality at Birth and by Collective Naturalization
NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . .
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at lest five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.
The equivalent present day statute is:
U.S. Code: Title 8 - ALIENS AND NATIONALITY. Chapter 12 - IMMIGRATION AND NATIONALITY. Subchapter III - NATIONALITY AND NATURALIZATION. Part I - Nationality at Birth and Collective Naturalization. ç 1401 - Nationals and citizens of United States at birth: The following shall be nationals and citizens of the United States at birth: ... (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) âAutomaticâ acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.
So it goes, deciding to apply or reject a law is all partisan -oh, and racist. Might as well throw out the constitution, statutes, and court precedents, because all decisions are going to be on partisan and whim "foundation." Brave New World, indeed.
If you can’t do, “teach.”
: )
Ah, but there IS a procedure. It occurred BEFORE Cruz was born. Congress made Cruz a citizen, but he was NOT natural born.
Obama stays in four more years
Actually, I think the house then chooses the POTUS. Obama would not be eligible.
Hey, I admit parts of the video, and the things he said, socially speaking, in 1999, make me wince. But it’s been posted here where for the vase majority of his life, Trump has registered and voted as a republican. It’s out there, and he’s not hiding this.
We all know, that I’m for Trump, but like you, I want my candidate pure, and on most things he is crystal pure eg on what he says about China, Congress and the economy. Go back 25, 30 or 40 years, and he says the same thing he is saying now.
On the social issues he talks like many Americans who were mis informed, wishy washy and not morally grounded and then eventually got it right. You get the feeling that he doesn’t think to much about that stuff, BECAUSE IT’S PROBABLY NEVER HIT HOME TO HIM. He had no grand kids at the time. He doesn’t drink or smoke or gamble, so he was insulated from the kind of things all Americans deal with...as in drug abuse in their kids, unwanted pregnancies etc.
When I was in medical school, I saw the aftermath of these young girls having their babies...and it would always turn out bad for them and their kids. I’m thinking why can’t these people be paid some way for keeping the baby, and giving it up for adoption? At the time, I was around a lot of influential older doctors in my life who were pro-abortion, and I drifted in that direction. I never performed abortions, and I could have during my residency at Cook County. Many of my colleagues did. I would never think of doing that.
I eventually saw the light. Anyone who is for third trimester abortions is got the devil inside them. This one issue alone, describes Hillary Clinton. All others are secondary.
IF THIS COUNTRY ELECTS ANOTHER ABORTION ON DEMAND PERSON...THEN WE ARE GOING TO FEEL THE WRATH OF GOD ON US. I BELIEVE THIS.
If you can be objective about this, these kinds of videos ultimately help Trump, because people in those Blue and Purple states see themselves in him, like they did in Reagan, and in turn they came out and voted for Reagan, and REagan won New York and all the others.
NOT saying Trump is a REagan, he’s not, but in this sense he is very much like Reagan. People from ALL backgrounds identified with him. Truly amazing. NO other president in my life time was like that. In that sense, REagan was like Lincoln.
THE REAL CHALLENGE FACING HIM, AS IT DID REAGAN, IS TO CONVINCE GOOD AND DECENT PEOPLE LIKE YOURSELF AND CINCINATUS’ WIFE, AND THE OTHERS WHO ARE FOR CRUZ NOW PASSIONATELY, TO VOTE FOR HIM. YOU will need to silence your anger and contempt for the man. He’s not perfect, far from perfect. I swallowed my anger last time.
I WAS A BIG Newt guy last time...but in the end, I was loyal to our candidate, Romney, even though I thought his people treated Newt unfairly.
After REagan we failed to elect a faith based candidate, like Cruz. I see Trump as the global candidate to get a lot of things right again in this country. If he doesn’t have a republican and conservative House and Senate, I don’t know how he does this. So, he better bring us all together so we retain the Senate and the House.
After Trump, we need the people like Ted Cruz leading us, and directing us.
Anyway, didn’t mean to end up giving a monologue. lol
Cruz supporters believe that Trump is responsible for all the questions regarding Cruz’s citizenship. They also believe that if Trump would just shut up questioning Cruz then all this would go away and everyone would suddenly be convinced that Ted Cruz is a natural born citizen. They stupidly believe its all Trump’s fault.
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