[Forty-Niner]

BS fluff nonsense you keep posting that is not addressing the issue which is exclusively Article II and the NBC requirement.

The term NBC had an well known and understood meaning in the 1700’s. It was NOT coined by the founders, but a well used term.

For all intents and purposes NBC is a term defining a 100% American Heritage. It protects the U.S., you and me, from people with hidden agendas garnered by their mixed national heritage. Obama had no purely American heritage. (Dreams from my Father!!!????)

Somehow being born in Canada to a (Cuban) Canadian father was NOT what the Founders were looking for in a Chief Executive.

Fool me once, same on you....fool me twice, shame on me.......

Never again, no matter how shinny it looks.

[Yosemitest]

"The term NBC had an well known and understood meaning in the 1700’s.
It was NOT coined by the founders ....
For all intents and purposes NBC is a term defining a 100% American Heritage."

I said "DEFINED', I did not say 'coined'.
That diversion from what I said, (trying to TWIST my words) doesn't work, and most people will recognize your dishonesty.



1st United States Congress, 21-26 Senators and 59-65 Representatives

Even the extremely LIBERAL CNN acknowledges it.

Why Ted Cruz is eligible to be president
Thu January 14, 2016
(CNN)I do not embrace Ted Cruz politically, but I do embrace his right to run for president, and so should you.

Here is our first question:
Who decides whether Cruz is eligible?
My answer:
At first, you do.
We, the people, do.
We do this on Election Day when we cast our ballots with the Constitution in our hearts and minds if not in our hands.
If you think Cruz is ineligible - - if what I say here does not persuade you - - you can vote against him.

If Cruz gets enough electoral votes this fall,
then Congress
and not the Supreme Court
should be the final legal judge of Cruz's eligibility.
The Constitution's 12th Amendment clearly says that
Congress counts the electoral votes at a special session;
and thus Congress is constitutionally authorized
to refuse to count any electoral votes that Congress considers invalid.

Elsewhere, Article I, section 5 of the Constitution makes clear that
each house of Congress may "judge" whether
a would-be member of that house meets the constitutional eligibility rules for that house.
Suppose Mr. Smith wants to go to Washington as a senator.
He wins election in his home state.
But the Constitution says a senator must be 30 years old.

If a dispute arises about Smith's age, about whether there a proper birth certificate and what it says,
the Constitution clearly says
the Senate is "the judge" of Smith's birth certificate dispute.

Similarly, for presidential elections the Constitution's structure makes Congress the judge of any birth certificate dispute or any other issue of presidential eligibility.
Congress cannot fabricate new presidential eligibility rules but it is the judge of the eligibility rules prescribed in the Constitution.

Thus, ordinary courts should butt out, now and forever.
They have no proper role here,
because the Constitution itself makes Congress the special judge.
In legal jargon the issue is a "nonjusticiable political question."

Presidents should pick judges, not vice versa.
This is one reason why the Supreme Court's 2000 ruling in Bush v. Gore was a disgrace
and is now widely viewed by experts as such.

What's the right answer?

OK, so voters and Congress decide, but
what is the right answer to the Cruz question
and how can ordinary citizens deduce this right answer?

Simple:
We can read the Constitution,
which was written for ordinary citizens.
And then we can fold in a few simple points about constitutional history, tradition and common sense.

Article II requires that a president must be either a U.S. citizen "at the time of the Adoption of this Constitution" - - that is, 1788 - - or else "a natural born Citizen."
Though old-fashioned, Cruz was not around in 1788.
So he needs to be - - just like everyone else running for president today - - a "natural born Citizen."

For starters, put aside the word "natural."
Ask yourself whether Cruz is a "born Citizen."
In other words, was he a citizen on the day he was born?
Was he a citizen because of his birth,
because of where and how and to whom he was born?
Note what the text does NOT say.
It does not say, Springsteen-like,
that a president must be "born in the United States."
Yet it would have been so easy to say that,
had that been the founders' legal meaning and the legal purpose !

So the question is,
was Ted Cruz born a citizen?
The Constitution says, in the 14th Amendment,
that anyone born in the United States and subject to our laws is a U.S. citizen.
Today, that means everyone born on American soil except children of foreign diplomats - - even children whose parents are not themselves U.S citizens.
Donald Trump, are you listening?

Unlike Barack Obama, who was born in Hawaii - -
again, please pay attention, Donald!
- - Cruz is not a citizen at birth because of where he was born.
Cruz was born in Canada.
But neither Article II nor the 14th Amendment says that ONLY those born in the United States are birth citizens.
The 14th Amendment says that birth on American soil is sufficient to be a birth citizen.
But it is NOT necessary.

How else can a person be a citizen at birth?
Simple.
From the founding to the present, Congress has enacted laws specifying
that certain categories of foreign-born persons ARE citizens at birth.
The earliest statute, passed in 1790, explicitly called certain foreign-born children of U.S. citizens "natural born citizens."
It did not say they should be treated "as if" they were "natural born citizens."
It said they were in law deemed and declared to be "natural born citizens."
Congressional laws have changed over the years, but this 1790 law makes clear that
from the beginning, Congress by law has the power to define the outer boundaries of birth-citizenship
by conferring citizenship at birth to various persons born OUTSIDE the United States.

And here is the key point:
The statute on the books on the day Cruz was born made him a citizen on that day.

The statute conferred birth-based American citizenship on ANY foreign-born baby who had at least ONE parent who was a U.S. citizen,
so long as that parent HAD MET CERTAIN CONDITIONS of extensive prior physical presence in the United States.

On the day of his birth, Cruz's mother WAS a U.S. citizen, even though his father was not;
and his mother also apparently met the relevant rules of extensive prior physical presence.

... (Continued)

So let's READ AGAIN WHERE AND HOW OUR FOUNDING FATHERS DEFINED NATURAL BORN CITIZEN in The Naturalization Act of 1790 !

United States Congress, "An act to establish an uniform Rule of Naturalization" (March 26, 1790).

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,
That any Alien being a free white person,
who shall have resided within the limits and under the jurisdiction of the United States for the term of two years,
may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States
wherein he shall have resided for the term of one year at least,
and making proof to the satisfaction of such Court  that
he is a person of good character,
and taking the oath or affirmation prescribed by law
to support the Constitution of the United States,
which Oath or Affirmation such Court shall administer,
and the Clerk of such Court shall record such Application, and the proceedings thereon;
and thereupon such person shall be considered as a Citizen of the United States. 


And the children of such person so naturalized,
dwelling within the United States,
being under the age of twenty one years at the time of such naturalization,
shall also be considered as citizens of the United States. 

And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States,
shall be considered as natural born Citizens: 
Provided, that
the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: 
Provided also, that
no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid,
except by an Act of the Legislature of the State in which such person was proscribed.