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To: Joachim

Sorry, don’t want to play this game. Bye.


71 posted on 04/11/2016 12:03:04 PM PDT by centurion316
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To: centurion316; All; Joachim
Sorry, don’t want to play this game.

(Because the best arguments are indeed against eligibility for Cruz, and not for it.)

I will finish on my own then.

A major weak point in the argument for Cruz based on 8 U.S.C. § 1401 is the assertion that a "citizen of the United States at birth" is a "natural born citizen" under Article II. (Point # 3 in post 65 above.)

I find the following two points, among others, to be convincing that a "citizen of the United States at birth" as provided under 8 U.S.C. § 1401 is NOT a "natural born citizen" under Article II:

1. If a "citizen of the United States at birth" under 8 U.S.C. § 1401 is necessarily a "natural born citizen" under Article II, then the Article I Congress has the power, through legislation, to change and effectively nullify an Article II eligibility condition for the Article II office of President -- and who is and is not eligible for the Presidency changes (and has changed) from time to time as the naturalization and immigration laws change (and have changed). To me, the seperation of powers provided in the Consitution strongly suggests that Congress does not (or should not be interpreted to) have this power.

2. Article I, Section 8, Clause 4 gives Congress the power to "establish an uniform rule of naturalization." Nowhere is Congress given power to create natural-born citizens, nor would it make sense for Congress to have such power. The citizens of the United States existed before the Constitution, and were, through their representatives, the authors and adopters of the Constition. The Consitution was made by the citizens, not the citizens by the Constitution. Under Article I, Section 8, Clause 4, Congress can make rules under which persons become citizens who otherwise would not be. The Supreme Court has called such citizens "naturalized, Constitutionally speaking" even when they were citizens at birth. Because his citizenship legally and logically depends on an act of Congress, Cruz is "naturalized, Consitutionally speaking", which, to me, is not "natural born."

The best arguments, by far, are against eligibility for Cruz.

72 posted on 04/11/2016 12:57:56 PM PDT by Joachim
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