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Yes, birthers, Ted Cruz IS a natural-born citizen of the U.S.
Lone Star Conservative ^ | Thursday, May 14, 2015 at 10:30 AM | Josh Painter

Posted on 05/14/2015 8:44:18 AM PDT by Josh Painter

This should not even be an issue any longer, but there are still some out there who didn't get the legal memo.

First, some history:

The origins of the Natural Born Citizenship Clause date back to a letter John Jay (who later authored several of the Federalist Papers and served as our first chief justice) wrote to George Washington, then president of the Constitutional Convention, on July 25, 1787. At the time, as Justice Joseph Story later explained in his influential Commentaries on the Constitution, many of the framers worried about “ambitious foreigners who might otherwise be intriguing for the office.” “Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in chief of the American army shall not be given to nor devolve on, any but a natural born Citizen,” Jay wrote.

Washington thanked Jay for his hints in a reply dated September 2, 1787. Shortly thereafter, the natural-born citizenship language appeared in the draft Constitution the Committee of Eleven presented to the Convention. There is no record of any debate on the clause.

To make a long story short, the question boils down to a matter of intent:

While it is possible to trace the origins of the Natural Born Citizenship Clause, it is harder to determine its intended scope—who did the framers mean to exclude from the presidency by this language? The Naturalization Act of 1790 probably constitutes the most significant evidence available. Congress enacted this legislation just three years after the drafting of the Constitution, and many of those who voted on it had participated in the Constitutional Convention. The act provided that “children of citizens of the United States, that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural-born citizens.” There is no record of discussion of the term natural born citizen, but it is reasonable to conclude that the drafters believed that foreign-born children of American parents who acquired citizenship at birth could and should be deemed natural born citizens.

In conclusion:

What can we expect if Senator Cruz or another similarly situated candidate runs for president in 2016? Undoubtedly, the controversy will continue with passionate advocates on both sides of the issue. A scholarly consensus is emerging, however, that anyone who acquires citizenship at birth is natural born for purposes of Article II. This consensus rests on firm foundations. First, given Jay’s letter and the language of the 1790 naturalization act, it seems evident that the framers were worried about foreign princes, not children born to American citizens living abroad. Second, the 14-year residency requirement Article II also imposes as a presidential prerequisite ensures that, regardless of their place of birth, would-be presidents must spend a significant time living in the United States before they can run for office.

Concurring:

Two former top Justice Department lawyers say there is “no question” Ted Cruz is eligible for the presidency, in a new Harvard Law Review article that seeks to put to rest any doubt about the Texas Republican. “Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a ‘natural born citizen’ within the meaning of the Constitution,” write Neal Katyal and Paul Clement in an article published March 11. “There are plenty of serious issues to debate in the upcoming presidential election cycle. The less time spent dealing with specious objections to candidate eligibility, the better.”

[...]

The Harvard Law Review article is notable because it is a bipartisan assessment that Cruz meets the Constitution’s requirement that the president be a “natural born citizen.” Katyal was an acting solicitor general in the Obama administration from May 2010 to June 2011. Clement was solicitor general from 2004 to 2008 in the Bush administration and is, perhaps, best known nationally among conservatives for arguing the case against President Obama’s health care law before the Supreme Court in 2012.

Katyal and Clement review the intent and meaning behind “natural born citizen,” going back to the Founding Fathers. The question about citizenship and presidential eligibility has also affected Barry Goldwater, George Romney and John McCain over the years — and all met the constitutional test.

Katyal and Clement conclude in their article:

As Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization. And the phrase “natural born Citizen” in the Constitution encompasses all such citizens from birth. Thus, an individual born to a U.S. citizen parent — whether in California or Canada or the Canal Zone — is a U.S. citizen from birth and is fully eligible to serve as President if the people so choose. Finally, another bipartisan consensus:

Legal scholars are firm about Cruz’s eligibility. “Of course he’s eligible,” Harvard law professor Alan Dershowitz tells National Review Online. “He’s a natural-born, not a naturalized, citizen.” Eugene Volokh, a professor at the UCLA School of Law and longtime friend of Cruz, agrees, saying the senator was “a citizen at birth, and thus a natural-born citizen — as opposed to a naturalized citizen, which I understand to mean someone who becomes a citizen after birth.” Federal law extends citizenship beyond those granted it by the 14th Amendment: It confers the privilege on all those born outside of the United States whose parents are both citizens, provided one of them has been “physically present” in the United States for any period of time, as well as all those born outside of the United States to at least one citizen parent who, after the age of 14, has resided in the United States for at least five years. Cruz’s mother, who was born and raised in Delaware, meets the latter requirement, so Cruz himself is undoubtedly an American citizen. No court has ruled what makes a “natural-born citizen,” but there appears to be a consensus that the term refers to those who gain American citizenship by birth rather than by naturalization — again, including Texas’s junior senator.

Case closed. Bye bye, birthers,

- JP


TOPICS: Conspiracy; Government; Politics; Society
KEYWORDS: 2016election; birthers; cruz2016; naturalborncitizen; tedcruz
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To: NOVACPA
The Arab-Kenyan Barack Hussein Obama II, (a.k.a. Barry Soetoro), ( the one guilty of TREASON ! ) has NO legitimate Social Security Number.
His father was NOT an immigrant to the United States. Barack Obama Sr. was a "Transient Alien" because he did NOT intend on residing in the United States permanently.
Barack Obama Sr. was a dual citizen of Great Britain and Kenya, and NEVER a United States Citizen.His mother could NOT impart U.S. citizen to her son, Barack Obama II, because she did NOT meet the legal requirements to do so,
at the time her son was born IN the Coast Provincial General Hospital, MOMBASA, KENYA at 7:21 pm on August 4, 1961.
Democrats knew this and tried to eliminate the "Natural Born Citizen" requirement at least 8 times BEFORE Obama won his election in 2008.

Obama is NOT a United States Citizen, and is NOT a LEGAL IMMIGRANT.
He has no VISA allowing him into this country.
Barack Hussein Obama II IS ILLEGAL !
He should be IMPEACHED IMMEDIATELY, tried for TREASON, SENTENCED to death, and then have his body deported back to Kenya.

Here are some articles to assist in defining "WHO" and "WHAT" Obama IS.
But I disagree. No.
Free Republic has covered this issue before.
Read this:
CORRECTION: Barack Obama, the first black Arab-American -Kenyan pResident of the United States.



Read Why did Youtube pull this video about Barack Obama?
and watch BREAKING NEWS! - Is Barack Obama Really A Saudi / Muslim "Plant" in the White House?.
181 posted on 05/17/2015 4:27:09 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Nero Germanicus

“And additionally in 2009, the House of Representatives passed a resolution (H. Res. 593, 111th Congress) by a vote of 378-0 which states, in part, “Whereas the 44th President of the United States, Barack Obama was born in Hawaii on August 4, 1961.”

Such passage carries the same legal weight as if the same group of 378 had passed a resolution to declare the 3rd Friday in June, National Pickle Day, or some nonsense similarly situated.


182 posted on 05/17/2015 4:50:40 AM PDT by NOVACPA
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To: NOVACPA

You are correct that a simple non-binding resolution passed by either chamber of Congress carries no legal weight. However that “whereas clause” in House Resolution 593 has carried POLITICAL weight in the House of Representatives. Consequently since the adoption of that resolution, the political effect is that there has never been a congressional hearing or even a speech in the House on Obama’s eligibility/ineligibility as a natural born citizen.
Senate Resolution 511 on John McCain’s Panama Canal Zone birth and his natural born citizenship had the same effect.
I expect similar resolutions will be passed concerning Senator Cruz’s birth in Canada and his status as a natural born citizenship.


183 posted on 05/17/2015 6:54:24 AM PDT by Nero Germanicus (PALIN/CRUZ: 2016)
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To: Godebert
Ya, who cares about the rule of law?

Caring has to have limits.

To me, this is about far more than just the rule of law, which is currently used selectively by the lawless. This is the second half of a successful assault upon the Constitution, our definitions of citizenship and our national identity, while undermining and using our integrity against us creating a slow motion suicide.

The solution the self-described Constitutionalists reach for is the easy way and will do irreparable damage, just like the one the other side reached for did even though both men are ideological opposites in every way.

As such, their solution comes with too high of a price in order to temporarily win a few battles only to lose the greater war. But, since there is nothing that can be said or done now to alter the path we're on, caring has to have limits.

184 posted on 05/17/2015 7:50:04 AM PDT by GBA (Just a hick in paradise)
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To: Yosemitest

http://www.npr.org/sections/itsallpolitics/2013/06/20/193585553/how-ted-cruzs-father-shaped-his-views-on-immigration

Above is the link for the story about Ted’s dad coming to the U.S. on a 4 year student visa, getting asylum when it was up, having a green card, then marrying Ted’s mom, and them moving to Canada thereafter.


185 posted on 05/17/2015 2:54:33 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Yosemitest

http://www.arcadeathome.com/archive.phtml?2008-03

above is the link for the % arabic & % african for 0’s dad.

(clicking on the link at the top of the article gets one here:

http://www.arcadeathome.com/gate.phtml?http://www.diversityinc.com/public/1461.cfm

But it is not there... “error 404 - nothing found”)


186 posted on 05/17/2015 3:21:15 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: WildHighlander57

That’s the same source I use in the comment that you responded to.


187 posted on 05/17/2015 10:52:35 PM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: WildHighlander57
I HATE IT WHEN THAT HAPPENS !
Try these: That should be enough to get you started.
188 posted on 05/17/2015 11:10:09 PM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Yosemitest

Many thanks for gathering all those links; somehow I missed the part about him getting asylum and a green card in your link labeled “source”, so I went looking and found and posted the link with the original name...


189 posted on 05/17/2015 11:10:22 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Yosemitest

Bingo! Those links have the info :)


190 posted on 05/17/2015 11:15:23 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: WildHighlander57
Just in case you have NOT read it before.

Read
Here's you some more sources and FACTS.

People can go to www.scribd.com and read their pages 20 thru 32 ,


For those of you who don't know, remember this:
8 Congressional attempts from June 2004 to February 2008 to alter Article II Section 1 Clause 5 of the US Constitution, proves to meRead it for yourself.
Then look at these links.
Just before the 2008 election Barack Obama's election team spent $1.4 million blocking access to all of Obama's records.

Barack Hussein Obama II is UNCONSTITUTIONALLY QUALIFIED.
There were 8 attempts by Democrats to try to "Change the Qualification Rules" BEFORE Obama was elected.
They KNOW Obama's ILLEGAL ... AND .... UNQUALIFIED!

Obama's record is hard to find.
Think about this.
Here's something to ponder. Now think about those facts,and statements.
The forgeries I'm aware of, are the three Birth Cretificate Barack Hussein Obama II has forged.
I don't trust evidence put forth by Obama supporters.
The disappearance of too much evidence on Obama is strong enough for me to know that he was born in Kenya.

Read INS DOC FOUND: U.S. CERTIFICATE ISSUED TO ONE EAST AFRICAN-BORN CHILD OF U.S. CITIZEN IN 1961!
The documents provided in that article are very damaging to Obama, and well worth your time.

Most of these early "supporters" of the ILLEGAL IMMIGRANT IN CHIEF were party to the Communists "spooks".
There's a great volume of history you have to go through to understand this, and it goes back to about 1850.

Read these three articles on one of my earlier post:


Now go back and read The Communist Takeover Of America - 45 Declared Goals.

Are you getting the depth of this Fabian Society takeover?
It's deep, it's ugly, and most people WILL NOT ... CAN NOT ... accept the truth.

191 posted on 05/18/2015 12:09:12 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Yosemitest
You know, you really should GET THE FACTS BEFORE you reveal your IGNORANCE !

The information at your link is statutory man-made law regarding Citizenship.

positive law

n. statutory man-made law, as compared to "natural law," which is purportedly based on universally accepted moral principles, "God's law," and/or derived from nature and reason. The term "positive law" was first used by Thomas Hobbes in Leviathan (1651).

natural law

the body of laws derived from nature and reason, embodied in the Declaration of Independence assertion that "all men are created equal, that they are endowed by their creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of happiness." 3) the opposite of "positive law," which is created by mankind through the state.

192 posted on 05/18/2015 3:19:59 AM PDT by Godebert
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To: Godebert
And your point IS ?

193 posted on 05/18/2015 3:22:00 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Yosemitest
The point being that the term 'natural born Citizen' found in our Constitution is derived from natural law, NOT positive law. No law made by man can change that definition.

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

194 posted on 05/18/2015 4:07:33 AM PDT by Godebert
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To: Godebert
Hey DUMMY !
Have you NOT READ Article 1 (The Legislative Branch) Section 8 (Powers of Congress) of the U.S. Constitution ? Did you forget about Amendment 14 (Citizenship Rights) WHICH IS PART OF THE CONSTITUTION and just as germane ?

You'd like to IGNORE THAT, would't you ! ?
But you can NOT !
195 posted on 05/18/2015 4:34:34 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Yosemitest

Article 1, Section 8 only grants congress the power to establish a uniform rule of naturalization. Read it.


196 posted on 05/18/2015 5:35:23 AM PDT by Godebert
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To: Yosemitest
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”.

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

197 posted on 05/18/2015 5:44:39 AM PDT by Godebert
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To: Godebert
I did, and YOU DID NOT READ THE LINE I QUOTED.

So AGAIN, you're WRONG !
198 posted on 05/18/2015 5:55:45 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Godebert
You really need to go back to school.
You're comprehension is CRAP !

Amendment 14 (Citizenship Rights) IS PART OF THE CONSTITUTION and IS JUST AS GERMANE !
199 posted on 05/18/2015 5:58:59 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Yosemitest
In defining what an Article II “natural born Citizen” is, we do not seek to read into the Constitution that which was not intended and written there by the Framers. Despite popular belief, the Fourteenth Amendment does not convey the status of “natural born Citizen” in its text nor in its intent. Some add an implication to the actual wording of the Fourteenth Amendment by equating the amendment’s “citizen” to Article II’s “natural born Citizen.” But nowhere does the 14th Amendment confer “natural born citizen” status. The words simply do not appear there, but some would have us believe they are implied. But the wording of the Amendment is clear in showing that it confers citizenship only and nothing more.

Neither the 14th Amendment nor Wong Kim Ark make one a Natural Born Citizen

200 posted on 05/18/2015 6:58:53 AM PDT by Godebert
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