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Under Ted Cruz’s own logic, he’s ineligible for the White House
Boston Globe ^ | 01/11/16 | Laurence H. Tribe

Posted on 01/15/2016 5:53:58 PM PST by Enlightened1

People are entitled to their own opinions about what the definition ought to be. But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an "originalist," one who claims to be bound by the narrowly historical meaning of the Constitution's terms at the time of their adoption. To his kind of judge, Cruz ironically wouldn't be eligible, because the legal principles that prevailed in the 1780s and '90s required that someone actually be born on US soil to be a "natural born" citizen. Even having two US parents wouldn't suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.

(Excerpt) Read more at bostonglobe.com ...


TOPICS:
KEYWORDS: cruz; eligible; ineligible; naturalborncitizen; originalist; soil
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To: Dstorm

The point is his father was not a citizen when he was born as required under the 1790 law. Therefore it will be up to the courts to decide this matter. It is far from clear cut.


101 posted on 01/15/2016 7:59:07 PM PST by Parley Baer
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To: Dstorm
Sorry, when was Ted Cruz naturalized?

Pose that question to him, not me.

102 posted on 01/15/2016 8:00:47 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: Parley Baer
...the 1790 law.

Congress can only make laws governing naturalization. Article 1, Section 8, Clause 4
Natural born citizens don't need a law to make them citizens, only aliens/foreigners do.

So if you have to cite a law as the source of your citizenship you are, because again Congress can only pass naturalization laws, of necessity, a foreigner/alien.

He had no doubt the Government had a right to make the admission to citizenship progressive, the Constitution pointed out something of this kind, by the different ages and terms of residence they annexed to the right of holding a seat in this House and in the Senate, and of being chosen President. No inhabitant can become President of the United States, unless he has been an inhabitant fourteen years; which plainly infers that he might have been a citizen for other purposes, with a shorter residence. But it goes still further, it enables Congress to dictate the terms of citizenship to foreigners, and to prevent them from being admitted to the full exercise of the rights of citizenship by the General Government; because it declares that no other than a natural born citizen, or a citizen at the time of the adoption of this constitution, shall be eligible to the office of President.
103 posted on 01/15/2016 8:14:29 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: Parley Baer

Do you really think that the courts are going to hang their hats on that phrase? No law exists in a vacuum, by doing that they would be saying Women are not equal. Do you think Ruth Buzzy or the Wise Latina or any of the other liberals would exclude women?


104 posted on 01/15/2016 8:16:21 PM PST by Dstorm (Cruz 2016)
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To: philman_36

No I’m asking you, it’s your post all about being naturalized, I already know he wasn’t because he was born to a American Citizen Abroad, just like my two children were. They did not have to take any oath, they were automatically citizens (Natural Born)


105 posted on 01/15/2016 8:22:27 PM PST by Dstorm (Cruz 2016)
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To: Dstorm

“Do you really think that the courts are going to hang their hats on that phrase?”

Why should that phrase carry anymore or less weight than any other phrase of law. Look at the 2nd Amendment to the Constitution as an example. Bottom line is I don’t think it is clear cut for Cruz. What I think does not matter. It will be up to the judicial system.


106 posted on 01/15/2016 8:24:25 PM PST by Parley Baer
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To: abigkahuna

We don’t need to guess at the meaning of natural born or depend on the questionable opinions of left wing lawyers like Lawrence Tribe. Natural born is defined by US statutes and includes persons born abroad to US citizens (one or both).


107 posted on 01/15/2016 8:26:27 PM PST by Oklahoma
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To: Dstorm
...I already know he wasn't...

How do you know he wasn't?

108 posted on 01/15/2016 8:27:32 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: Oklahoma
Natural born is defined by US statutes and includes persons born abroad to US citizens (one or both).

Where? Which specific statute does that?

Need some help? TITLE 8 - ALIENS AND NATIONALITY

Now all you have to do is provide the specific section you believe does so.

109 posted on 01/15/2016 8:33:44 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: Parley Baer

“The point is his father was not a citizen when he was born as required under the 1790 law” That’s what you cited as the reason he’s ineligible, and what others have pointed to. I submit anyone who relies on that passage as a reason to rule against him, is in denial about the judges on this Supreme Court.


110 posted on 01/15/2016 8:37:20 PM PST by Dstorm (Cruz 2016)
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To: philman_36

Did you read my post? I know because both of my children did not have to be naturalized to receive their passports, the same as Cruz.


111 posted on 01/15/2016 8:44:47 PM PST by Dstorm (Cruz 2016)
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To: Dstorm

Receiving passports is one thing but running for the President or VP slot is quite another according to the law.


112 posted on 01/15/2016 8:53:48 PM PST by Parley Baer
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To: Dstorm
...the same as Cruz.

Were you there to witness that Cruz event personally or is anecdotal evidence all you have?

113 posted on 01/15/2016 9:06:52 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: Parley Baer

Nope, it’s about how they qualified for the passports, if they had to take a oath then they are not natural born, if they didn’t they they are natural born. You birthers can bluster all you want but until some court rules in the negative, he’s eligible. Unfortunately I think that Trump has muddied the waters enough that Cruz will not win Iowa. That will mean the liberals will win.


114 posted on 01/15/2016 9:09:49 PM PST by Dstorm (Cruz 2016)
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To: Behind the Blue Wall
Repealed five years later with a similarly named and purposed statute that did not include reference to natural born citizens.

The meaning of a NBC can not be changed by statute

The 1790 Act didn't change the meaning, nor did the 1795 Act.

The 1790 Act simply best tells us what was the common definition of an NBC at the time of the founding.

115 posted on 01/15/2016 9:17:30 PM PST by FreeReign
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To: DannyTN
"A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed;"

Still need a plaintiff with standing.

116 posted on 01/15/2016 9:19:13 PM PST by FreeReign
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To: Dstorm
Do you think Ruth Buzzy or the Wise Latina or any of the other liberals would exclude women?

They won't. So what part of the Constitution will they cite?

117 posted on 01/15/2016 9:22:40 PM PST by FreeReign
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To: FreeReign

No the 1795 Act tells us that they had mistakenly included nbc in the 1790 Act, that’s why they re-wrote it out. Naturalization does not have anything to do with natural born citizenship.


118 posted on 01/15/2016 9:36:59 PM PST by Behind the Blue Wall
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To: philman_36
Didn't need to be, he has the Passport, which carries more weight than your claim, show me the naturalization papers.

Until I see something that conflicts, based on my experience with the process he did not need to be naturalized. I will say it would be helpful if he would release his FS-240 (If he was given one). Of course that probably wouldn't satisfy the Birthers.

Just an aside there's no need to resort to smart ass comments.

119 posted on 01/15/2016 9:46:08 PM PST by Dstorm (Cruz 2016)
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To: FreeReign
Don't know, it seems to me that many who are claiming the Cruz is ineligible, use that passage as their foundation. Given the makeup of this Court, I just don't see any path they could go that would deny Cruz, but not affect others.
120 posted on 01/15/2016 9:58:40 PM PST by Dstorm (Cruz 2016)
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