“Well, I’ve used the term birther, but not in a pejorative sense. It’s just a descriptive term. “
Really? The term Birther was to link people who thought Obama was born outside the country to 911 Truthers. Morons. Idiots. Insane. ...
We know exactly what people who use the term “Birther” are trying to do, and you’re using it as a pejorative to minimize the impact of what those who disagree with you say.
“Most people that I know intuitively believe that someone who is born a citizen of the U.S. is a natural born citizen...”
So this is the new criteria for interpreting the Constitution?
“Maybe you could elaborate on your fears. Why do you feel that Cruz is less eligible than Obama?”
Ineligible is ineligible. Is there a lesser or greater degree of ineligibility that works for you? However, if ultimately judged that natural born citizen requires you to be born on US soil, 0bama (if you believe his story and the “documents” he’s presented) would be eligible (heaven forbid) and Cruz not.
“How might a Cruz candidacy be derailed by the fact that there are a few folks who adhere to these old European citizenship theories?”
So, what criteria are we using to interpret the Constitution today? Different than yesterday? Different than last year? Different than the original intent? What about the next Canadian-Cuban-American or Kenyan-American that runs for President? Will his motivies be pure?
“Are you afraid that some court might attempt to disqualify Cruz?”
What if the Supreme Court STOPS evading the issue after Cruz is elected?
“Specifically, what are you worried about?”
I’m worried that the Constitution means absolutely nothing anymore to anyone and it’s only a matter of time until the shooting starts. My first grandchild was born on July 4th and I fear for his future.
Thank you for the opportunity to express my fears. Can I get up off the couch now?
Thank you for asking.
Justice Scalia suggests that in divining intent the focus the should be on what the term might have meant to "ordinary citizens" in the founding generation. In District of Columbia v. Heller (2008), the Supreme Court (J. Scalia) wrote the following:
"The Second Amendment provides: 'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.' In interpreting this text, we are guided by the principle that '[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.' United States v. Sprague, 282 U. S. 716, 731 (1931) ; see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824). Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings that would not have been known to ordinary citizens in the founding generation."
How many "ordinary citizens" then or now were familiar with Grotius or Vattel or the books they wrote in foreign languages? I recognize that there may have been a few of society's most elite back then who had such books somewhere in their libraries, but those aren't the kind of folks that I usually consider "ordinary citizens." "Ordinary citizens" back then or now aren't usually familiar with Vattel's theories on citizenship.
I think that if the term "natural born citizen" had in the minds of a few of the drafters some sort of special little meaning (in French or in English) and they wanted to bind Americans then or now to that special little meaning, then they were under an obligation to disclose that special little meaning in the text of the Constitution for "ordinary citizens" in the founding generation. I also think that, absent such a disclosure, "citizen at birth" seems to me a very normal, more natural, common-sense NBC construction for ordinary citizens (like me), then or now. If some now want to impose on the rest of us their special little meaning, then they should amend the Constitution and add the appropriate language.
The term Birther was to link people who thought Obama was born outside the country to 911 Truthers. Morons. Idiots. Insane. ...
People have told me that they are "birthers." Sure, many of them have discredited "birtherism" by their conduct, but the term isn't necessarily a pejorative as yet.
But, listen, give me an alternative term to describe them and I'll be happy to use it. I have no desire to offend you. ;-)