Posted on 05/23/2015 9:28:38 PM PDT by 2ndDivisionVet
Not surprisingly, the GOP presidential debates announced last week will be open only to candidates who can legally serve as president.
That will make Fox News and CNN the first arbiters of Canada-born Ted Cruz’s eligibility. By putting him on stage, they will implicitly be granting a seal of approval to the only contender born outside the U.S.
The U.S. Constitution says a president has to be a natural-born citizen. Fox and CNN both listed Article II, Section 1 among the requirements for would-be debaters. It’s inconceivable that either network would invoke that requirement to shut out the Texas senator.
But there are only 10 berths at each debate. It’s not so hard to imagine a candidate who doesn’t make the cut heading to court to say, “Hang on a second, that guy isn’t even a natural-born American.”
Cruz aides shrug off the possibility.
“It would be an interesting spectacle, but I don’t think it has anything to do with the legal precedent that’s been set and accepted,” said Rick Tyler...
(Excerpt) Read more at dallasnews.com ...
If the Dems are successful in getting the eligibility issue before the Supreme Court, they could delay the decision and plunge candidates like Jindel, Rubio and Cruz into a temporary limbo, eliminating them from running in this cycle until it is defined.
The constitution contains zero definitions- everything is to be interpreted through the meaning of the commonly understood terms of the day. This is a bedrock of constitutional review and is not in question. Natural born citizen was well understood, with the intent being a citizen with no other allegiance than America. This scenario only occurs when one’s parents are both citizens, and also born on American soil.
Our current president is obviously not NBC due to the fact that he has dual citizenship- his father has Kenyan, thus O was also British citizen at birth. I do believe he was born in Kenya as well, which is a double whammy. Throw in his weird Indonesian situation and his citizenship status becomes absurd.
With all this being said, I don’t believe Cruz to be a natural born citizen either (Cuban father, born in Canada). However, I am supporting cruz STRONGLY for president. Money, volunteering, whatever it takes. I consider the U.S. Constituion to be “in exile” currently, what with the treacherous administration we have, and I will cast my lot with any man bold enough to take the fight to our enemy and wrest our country from them.
That man is Ted Cruz.
Here you go, the current law. The law used to be five yeas after the age of 14:
8 U.S.C. § 1401
The following shall be nationals and citizens of the United States at birth:
g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.”
https://www.law.cornell.edu/uscode/text/8/1401
You have stated a personal opinion. The courts have had a different opinion.
Tisdale v. Obama, U.S. District Court Judge John A. Gibney, Jr.: “It is well settled that those born within the United States are natural born citizens.”— Tisdale v. Obama, U.S. District Court of the Eastern District of Virginia, January 23, 2012.
Voeltz v. Obama, Judge John C. Cooper, Leon County, Florida Circuit Court Judge: “In addition, to the extent that the complaint alleges that President Obama is not a “natural born citizen” even though born in the United States, the Court is in agreement with other courts that have considered this issue, namely, that persons born within the borders of the United States are “natural born citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents.”—September 6, 2012
Allen v Obama, Arizona Superior Court Judge Richard E. Gordon: “Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.”—Pima County Superior Court, Tuscon, Arizona, March 7, 2012
I suspect that the courts will have the last word regarding Senator Cruz’s status as well.
Yes.
Stanley Ann did not meet that requirement because the law had not changed when she gave birth to baby Barry at age 18. She could not pass U.S. citizenship to baby Barry because she had to be 19 to meet the requirements. For children born on or after November 14, 1986, a child born to one U.S. citizen parent and one alien parent would acquire U.S. citizenship if the U.S. citizen parent was physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after attaining the age of 14 years. However the provision was not applied retroactively. Therefore, children born before November 14, 1986 to a U.S. citizen mother and an alien father did not acquire U.S. citizenship unless the mother resided 5 years after her 14th birthday in the United States.
If you want to enjoy your head spinning, you can read the entire text on the matter here:
These are unpersuasive arguments; by the same token we should accept that obamacare is constitutional because the supreme court said so.
I don’t disagree that cowardly, ignorant and corrupt courts have ruled in o’s favor on this.
I don’t think we’ll ever get the horses back in the barn, but i also think there could be some poetic justice in having an anti-obama,ted cruz, who while himself is a citizen by statute (not a natural born citizen) repeal o’s signature law.
In a way, the situation is almost too crazy to believe...
The arguments may be unpersuasive to you but in a democratic-republic, it was up to the individual voter to decide which side of the argument they accept.
And yeah, since 1803 the Supreme Court’s ruling in Marbury v Madison, they get the last word on what is constitutional and what isn’t. The legislative branch has the option of writing new legislation that a president will sign or overriding a president’s veto.
In the courts, it is always the case that you win some and you lose some.
Obama has also lost 20 Supreme Court rulings unanimously, 9-0.
Obama’s has stated that he was born a British citizen since his father, according to him, was Kenyan in 1961. Obama has no rightful claim to running for president. We are living in a post constitutional America. Senator Rand Paul has appeared online with Senator Ted Cruz, they are both committed to the constitution
But that law only applied to a birth outside of the United States and the Governor of Hawaii in 2007-2008 when Obama was running stated:
“You know, during the campaign of 2008, I was actually in the mainland campaigning for Sen. McCain. This issue kept coming up so much in the campaign, and again I think it’s one of those issues that is simply a distraction from the more critical issues that are facing the country. And so I had my health director, who is a physician by background, go personally view the birth certificate in the birth records of the Department of Health, and we issued a news release at that time saying that the president was, in fact, born at Kapi’olani Hospital in Honolulu, Hawaii. And that’s just a fact. And yet people continue to call up and e-mail and want to make it an issue. And I think it’s, again, a horrible distraction for the country by those people who continue this. .It’s been established. He was born here.”—Linda Lingle, Governor of Hawaii
And the Director of the Hawaii Department of Health issued these two statements: “For Immediate Release: October 31, 2008
STATEMENT BY DR. CHIYOME FUKINO
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawai‘i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.
“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.
“No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawai‘i.”
For Immediate Release: July 27, 2009
STATEMENT BY HEALTH DIRECTOR CHIYOME FUKINO, M.D.
“I, Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”
The release of the official certificate of live birth enters Birther territory. Sheriff Joe Arpaio’ Cold Case Posse did lots of looking for the real birth certificate. It is strange that Obama spends MILLIONS hiding hia past if there is nothing to hide. A finding of he real birth certificate would put the matter to rest. So far, all we have seen are fabrications.
Barack Obama has no control over his original birth certificate. It is the property of the state of Hawaii. Just like the original of yours or mine is not in our possession.
His original birth certificate isn’t hidden, its in the office safe of the Hawaii Registrar of Vital Statistics and if any member of Congress wanted to see it, a congressional subpoena can release it for inspection and under Hawaii statutes, anyone with an order from a judge can also inspect it.
From 2011: http://www.foxnews.com/politics/2011/04/27/obama-birth-certificate-moved-secure-location-months-ago/
Hawaii Revised Statutes 338-18: “Disclosure of Records”
http://www.capitol.hawaii.gov/hrscurrent/vol06_ch0321-0344/HRS0338/HRS_0338-0018.htm
Sheriff Arpaio and Mike Zullo of the Maricopa County Cold Case Posse made no attempt to get a Hawaii Judge to issue a court order for the release for inspection of the original birth certificate. Instead, the Republican Secretary of State of Arizona, Ken Bennett, asked the Hawaii Registrar of Vital Statistics to verify the authenticity of the original, vault edition birth certificate, which he did:
http://archive.azcentral.com/12news/Obama-Verification.pdf
Secretary of State of Arizona, Ken Bennett, never saw a Certificate of Live Birth for Obama. All he received was confirmation that the information in that document was true. Hawaii has shown no one that document and, as long as Obama is President, no one will see that document (if it even exists). But hey, why should I care? “The matter is settled.” Let’s move on to Senator Ted Cruz’s eligibility.
Secretary of State Bennett got what he asked for and he said he was satisfied with that. If anyone thinks that the Hawaii Registrar is lying about what he has seen and what is stored in his office safe, they should subpoena him, depose him and then call him to testify under oath before a committee of Congress or in a court of law.
Once again, either a congressional subpoena or a court order from a judge can release the original document for inspection.
I neglected to mention a novel way to see Obama’s birth certificate: Dr. Milton Wolf was the Tea Party endorsed candidate opposing Senator Pat Roberts in the Republican Primary in Kansas.
Dr. Wolf is a cousin of Barack Obama’s on his mother’s side. Obama and Wolf are related through Thomas Creekmore McCurry (1850–1939), Obama’s great-great-grandfather, and Wolf’s great-grandfather. Obama’s grandmother, Madelyn Dunham, was Wolf’s mother’s first cousin. Obama’s mother and Wolf’s mother were friends in Wichita, Kansas, where Obama’s mother, Ann Dunham, was born and spent part of her childhood.
Hawaii law permits a person with a common ancestor to a person named on a Hawaii birth certificate to receive a copy of that document.
“...Hawaii law permits a person with a common ancestor to a person named on a Hawaii birth certificate to receive a copy of that document. “
Why couldn’t Sunahara get a copy of his deceased sister’s long form birth certificate?
He had a common ancestor to her- their mom.
Because he pissed them off and demanded to be present at the copying and they stiffed him.
A former Freeper named Dianna Cotter, user name “Danae” asked nicely and got a copy of her own long form and her deceased father’s before Obama got his.
The statute gives the Director of Health the power to determine what is released.
But one more time, a congressional subpoena or a court order would do the trick.
"Obama’s has stated that he was born a British citizen since his father, according to him, was Kenyan in 1961. Obama has no rightful claim to running for president."When an alien naturalizes as an American citizen they must take an oath of exclusive allegiance to the USA and officially renounce all prior allegiances and citizenships. Their status from that point forward as recognized by the USA is 100 percent American and nothing else. Basic undeniable logic dictates that a natural born Citizen must at least have this same status, but both without naturalizing (that is, naturally, without any process or law) and also from the moment of birth on.
How can anyone in their right mind think that it is acceptable for a president to have ever in his or her life had a weaker citizenship status than a newly naturalized citizen?
Your explanation about Sunahara certificate is laughable. Her registration number was used in fabricating Obama’s birth records.
Resident Obama cannot present copy of the original birth certificate indicating birth in the Kapiolani hospital because such document does not exist.
Neil Abercrombie, upon becoming Hawaii Governor tried to end the “birthers” controversy for Obama and ordered investigation. He intended to present the certificate from Kapiolani
Yet, according to him, Obama’s birth registration is actually writen (Home birth registration?), then promtly dropped the topic.
Legal age of consent in Hawaii = 16 years old.
It was 14 earlier.
So can we put at least that cockamamie part of the theory to rest?
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