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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: TigersEye

Okay, then you’ve really gone round the bend.


41 posted on 01/15/2016 6:26:19 PM PST by DoughtyOne ((It's beginning to look like "Morning in America" again. Comment on YouTube under Trump Free Ride.))
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To: DannyTN

The Supreme Court does not do them. Nice try though.


42 posted on 01/15/2016 6:26:24 PM PST by Tzfat
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To: Enlightened1
I'm not defending Tribe, but I don't think the argument is that those born to ambassadors or military wouldn't be citizens, the argument is about meeting the "natural born citizen" requirement or if deriving citizenship through their parents makes them naturalized citizens by meeting the law, not being born on the soil.
43 posted on 01/15/2016 6:26:34 PM PST by Kenny (RED)
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To: DoughtyOne

Whatever.


44 posted on 01/15/2016 6:26:47 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: Enlightened1

Where? cite your source.


45 posted on 01/15/2016 6:26:50 PM PST by Dstorm (Cruz 2016)
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To: P-Marlowe

“He was absolutely eligible under the Naturalization Act of 1790.”

If he was naturalized by congress under any act at any time, he is not a natural born citizen. He’s a naturalized citizen...


46 posted on 01/15/2016 6:27:11 PM PST by babygene (Make America Great Again)
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To: Tzfat

He doesn’t have to go to Scotus. A federal court would be sufficient.


47 posted on 01/15/2016 6:27:58 PM PST by DannyTN
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To: vbmoneyspender

I see where the problem may lie. The 1790 statue says “citizens” which means father and mother. Cruz’s father was not a citizen. However his mother was. I can see where there is a case to be made.


48 posted on 01/15/2016 6:28:14 PM PST by Parley Baer
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To: conservativejoy

He has no standing until after election. Same problem we had with O. The RNC does have standing and it behooves them to file for declarative judgment.
Joy, do you remember that Trumps sister was a colleague with identical record to Sam Alito when she spoke for his confirmation to the SCOTUS
His legal advisor no doubt sat across the holiday dining table


49 posted on 01/15/2016 6:28:50 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: DannyTN
It’s a sad day when a candidate that wants to be seen as “Defender of the Constitution” won’t seek resolution to his own constitutional eligibility issue.

That's a very fine sounding thing to say, but san you suggest a VIABLE way he could accomplish such a thing? I am looking for a serious, studied, suggestion, not bar talk.

50 posted on 01/15/2016 6:28:58 PM PST by John Valentine (Deep in the Heart of Texas)
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To: TigersEye

Exactly


51 posted on 01/15/2016 6:31:15 PM PST by DoughtyOne ((It's beginning to look like "Morning in America" again. Comment on YouTube under Trump Free Ride.))
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To: Enlightened1

“Even a U.S. base or U.S. Embassy is considered U.S. Soil in a foreign country.”

Only royalty and persons traveling with diplomatic passports are not under the local allegiance of a foreign sovereign in the foreign sovereign’s domain. Birth in an U.S. embassy is still birth under the allegiance of the hosting foreign sovereign. This is the law and can be found in the State Department manual.

“One thing for sure. The Democrats have announced they will go to court over this. I promise you the GOPe is probably help funding it.”

The Democrats have already filed the lawsuits against Marco Rubio and Ted Cruz.

“Cruz is going to get set up by a shopped Judge if he becomes the nominee. The Establishment will then replace him with Rubio or Jeb at that point.”

Ted Cruz, Marco Rubio, Rick Santorum, and Bobby Jindal are not natural born citizens and are thusly not eligible for the office of the president or the Office of the Vice President. Each and everyone of them acquired their U.S. citizenship by the authority of the U.S. Immigration and Naturalization Act/s and their provisions for the acquisition of U.S. citizenship by naturalization at birth.


52 posted on 01/15/2016 6:31:56 PM PST by WhiskeyX
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To: hoosiermama

The law professor that Trump is relying on was Gore’s attorney in Bush V. Gore.


53 posted on 01/15/2016 6:32:48 PM PST by conservativejoy (Pray Hard, Work Hard, Trust God ...We Can Elect Ted Cruz)
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To: John Valentine

What Trump suggested. Go get a Declaratory Judgement from a Federal Judge.

He can’t do that now since a lawsuit has been filed. He waited too long. He’ll have to wait for the lawsuit to be resolved.

One thing he could do is request the courts to resolve the lawsuit on it’s merits and not use arguments of standing or technicalities to get it dismissed like Obama did.


54 posted on 01/15/2016 6:32:48 PM PST by DannyTN
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To: DoughtyOne

It’s not just CRUZ. Suit has been filed against Rubio in Florida today

RNC Must take care of this contact them


55 posted on 01/15/2016 6:32:57 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: Tzfat

It has been explained on FR many times that federal courts do not do advisory opinions, which is what some here are calling for.


56 posted on 01/15/2016 6:34:25 PM PST by conservativejoy (Pray Hard, Work Hard, Trust God ...We Can Elect Ted Cruz)
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To: hoosiermama

I will contact the RNC or GOPe folks after H freezes over.

They’ve ignored my wishes for over forty years.


57 posted on 01/15/2016 6:35:22 PM PST by DoughtyOne ((It's beginning to look like "Morning in America" again. Comment on YouTube under Trump Free Ride.))
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To: conservativejoy

It’s just his opinion or their opinion or our opinion

It is only the opinion of the SCOTUS that has merit or power.


58 posted on 01/15/2016 6:36:27 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: DannyTN

How would he do that? you do know this real life right? this isn’t a tv show where everything is wrapped up in an hour. My Dad died in Aug 2001, we are still dealing with the bureaucrats on his estate. Obama has been in office 7 years and the cases against him are still in the court system or have been thrown out. What makes your think it would move any faster for Cruz


59 posted on 01/15/2016 6:37:30 PM PST by Dstorm (Cruz 2016)
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To: hoosiermama; TigersEye

I think it’s too late now that lawsuits have been filed.


60 posted on 01/15/2016 6:37:44 PM PST by DannyTN
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