Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: X-spurt
There are only two chances they [NBC requirements?] will ever be defined, slim and none.

If today's legal system conceded original intent as binding in this clause, it would set a precedent that original intent is binding in other clauses. It would overthrow the legal theories that are the basis of every accredited law school.

It might be interesting to see if someone is clever enough to disqualify Cruz without resort to original intent.

95 posted on 02/12/2016 2:20:46 PM PST by jjotto ("Ya could look it up!")
[ Post Reply | Private Reply | To 94 | View Replies ]


To: jjotto

Current law backs two ways to citizenship, natural or naturalized. There is no third way such as NBC.

Because NBC is only concerning election to POTUS, original intent is everything. Only the SCOTUS can say what original intent was and they won’t touch it with a ten foot pole.

If it ever MUST be clarified, it will take an Amendment to the Constitution. Will never happen.

I think that the Founders put in NBC to keep a Loyalist or similar from slipping in early in our history when a British subject might get in and declare us back in with the King.

The Founders never saw any need to specify NBC, they knew what it meant, they knew who was and who wasn’t NBC. Once that Generation was gone they must have figured ‘we needed to play some part’ in deciding the need of, the meaning of or enforcing NBC.

As long as there was or is a clear cut case, such as a truly foreign born person of no USA connection, there was no real need to be concerned. After a bit, NBC became legally complicated by the legal concept of Standing and another part of the Constitution saying that once a POTUS is sworn in he is President, period.


96 posted on 02/12/2016 3:00:11 PM PST by X-spurt
[ Post Reply | Private Reply | To 95 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson