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Ted Cruz is Not Qualified (Vanity)
U.S. Constitution ^ | 02/05/16

Posted on 02/05/2016 11:33:35 AM PST by Enlightened1

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

 

The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

 

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”

 

•Anyone born inside the United States *

•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe

•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.

•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national

•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year

•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21

•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)

•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.

* There is an exception in the law — the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.

 

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

 

http://www.usconstitution.net/consttop_citi.html


TOPICS:
KEYWORDS: cruz; cruzclownposse; not; qualified; ted
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To: Enlightened1

According to that criteria, Cruz is a citizen. This still dodges the question of “natural born citizen,” a distinction that the drafters of the Constitution made between senators and representatives having to be a “citizen” and the president having to be a “natural born citizen,” with both parents citizens of the U.S. The reason, as I understand it, was the founders wanted the president, above all, to have no divided loyalties. Obama, who would not have been considered a natural born citizen, has shown what divided loyalties gets us.


81 posted on 02/05/2016 12:27:54 PM PST by Hootowl
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To: erkelly
"They will not strip Cruz of his delegates and annoint Rubio, they will strip both Cruz and Rubio, and annoit Jeb. "

DING! DING! DING! WE HAVE A WINNER NO MORE CALLS PLEASE!!

This whole exercise has been about getting Jeb to the front of the line. A brokered convention will do just that.

82 posted on 02/05/2016 12:28:58 PM PST by Wizdum (Who will remove this stone from my shoe?)
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To: Pollster1

True and agree, but don’t think they will disqualify Cruz by shopping a federal judge that will agree with them.

I was reading about this in the Wall Street Journal, and this is how the GOPe slips in Rubio via the delegates at the Republican convention. It’s a nightmare scenario.

Here is the article,

http://www.wsj.com/articles/contested-republican-convention-is-possible-1453828686


83 posted on 02/05/2016 12:30:53 PM PST by Enlightened1
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To: Enlightened1

The qualifier for the Military or Diplomatic is to meet the requirements -” For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen” ie .. serving in some $hithole overseas when you were drafted at 18


84 posted on 02/05/2016 12:31:15 PM PST by Dstorm (Cruz 2016)
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To: Enlightened1

Did you not read the following or am I misinterpeting it?

“Any one born outside the United States, if one parent is an alien and as long as the other
parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military
and diplomatic service included in this time)”

and you finish with the following...
.. Anyone falling into these categories is considered natural-born, and is eligible to
run for President or Vice President. These provisions allow the children of military families
to be considered natural-born, for example...

then your comment after the body of the article:

Trump is right unless Ted Cruz can somehow convince the U.S. Supreme Court.

If Cruz gets the nomination, then just know the DNC, along with GOPe, will shop a federal
judge to disqualify Cruz. Then at the Republican convention the delegates will nominate
Mr. Gang of 8 Rubio.


85 posted on 02/05/2016 12:31:49 PM PST by deport
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To: Enlightened1

Seems like this one fills the bill.

Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time).

As long as Ted’s mother lived for 5 years in the US, he’s in.


86 posted on 02/05/2016 12:32:21 PM PST by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: iontheball

Problem is the original intent of Natural Born was never clarified, thus the argument over it’s meaning


87 posted on 02/05/2016 12:33:07 PM PST by Dstorm (Cruz 2016)
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To: Enlightened1

The Constitution talks about two types of citizens, natural-born and naturalized. As Ted Cruz has never gone through the naturalization process does that make him natural-born? Or is he here illegally, having never gone through that process? Because unless you want to add something to the Constitution that isn’t there, you only have those 3 choices - natural-born, naturalized, and here illegally.


88 posted on 02/05/2016 12:33:13 PM PST by Reaper19
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To: Rockitz

Yes but she was not in the military or a diplomat.


89 posted on 02/05/2016 12:33:31 PM PST by Enlightened1
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To: Enlightened1

Doesn’t have to be. Those qualifications are meant to include military personnel and diplomats, not exclude others who have lived in the US 5 years.

Please read it again.


90 posted on 02/05/2016 12:36:02 PM PST by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: Enlightened1

What’s a little thing like not being eligible when Rev. Cruz is on his crusade? Let’s just put this aside and hope Alan Grayson is only kidding.


91 posted on 02/05/2016 12:36:23 PM PST by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: Enlightened1

I think this will be an interesting convention.


92 posted on 02/05/2016 12:36:59 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Rockitz

Here you go,

“with military and diplomatic service included in this time”

It reads as “with” and not “or”.

That means including or in addition.


93 posted on 02/05/2016 12:40:00 PM PST by Enlightened1
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To: Pollster1

Yep and that’s the point of the whole post. We need to get this out there now and have this debate.

Ignoring it will not make it go away.


94 posted on 02/05/2016 12:41:21 PM PST by Enlightened1
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To: Enlightened1
Maybe this can clear up what I believe to be a misinterpretation of the military and diplomatic service issue.

Try this one on for size. Let's say someone looks at his employee handbook and it says "You are eligible for a pension after 30 years of employment ("with jury duty and maternity leave included in this time")".

If the employee never had jury duty or maternity leave, would you conclude he is ineligible for a pension after 30 years of employment?

95 posted on 02/05/2016 12:41:45 PM PST by deoetdoctrinae (Donate monthly and end FReepathons.)
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To: Enlightened1; Jim Robinson
Okay, now you're just trolling, I've presented the law spelled out in official US Government documents, which explains the reason for adding the exemption for the Military or Diplomatic service. It's to cover those of us that had to serve overseas when we were 18 and thus could not meet the statutory requirements
96 posted on 02/05/2016 12:41:53 PM PST by Dstorm (Cruz 2016)
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To: Enlightened1

No, it means that someone who is a diplomat or in the military can include the time they were living overseas as part or all of the 5 years.


97 posted on 02/05/2016 12:42:25 PM PST by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: Enlightened1

(with military and diplomatic service included in this time)

N.B. It does NOT state military and diplomatic service MUST be performed and included in this time, only that they CAN be INCLUDED in the 5 years total.


98 posted on 02/05/2016 12:43:25 PM PST by E=MC<sup>2</sup> (Are liberals born stupid, or do they have to work at it???)
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To: Enlightened1

So you are saying the definition of "natural born citizen" as used in Constitutional language changes as fast as US Code changes ... without Constitutional amendment ... by a simple majority vote in Congress. Why do you think the Constitutional amendment process was defined when, as you propose, regular legislation can re-write the Constitution simply be redefining the words it uses without pesky things like ratification by two-thirds of both houses of Congress getting in the way? How will you react when words like "militia" or "infringe" or "republic" are similarly redefined? We are tempted to open Pandora's Box when it suits our interestes ... but we should resist. I support Cruz as a conservative in full revolution mode. But he's not a natural born citizen, and we should not call him that, because (hopefully) we will return this nation to a Constitutional democratic republic. And at that time, the term "natural born citizen" provides an umbrella of protection we will sorely need. Just look what happened when that rule was ignored and Obama became POTUS.


99 posted on 02/05/2016 12:44:10 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Enlightened1

This is a pretty dumb interpretation.

It would disqualify the first 8 presidents, none of whom were born in the “United States” or were citizens at the time, as the U.S. didn’t exist until arguably 1776 at the earliest.


100 posted on 02/05/2016 12:45:40 PM PST by Elpasser
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