Posted on 01/08/2013 3:15:17 PM PST by Seizethecarp
Ted Cruz may have the aura of a future presidential contender, but is he even eligible...?
The newly sworn-in Texas senator and rising Republican star was born in Canada, to a mother who was born in Delaware and Cuban father. That’s triggered a debate about whether he’s eligible for the nation’s highest office...
While there’s no legal precedent for Cruz’s situation, most constitutional scholars surveyed by POLITICO believe the 42-year-old tea party sensation would be OK.
“The problem is, no one knows what a natural born citizen is,” agreed University of California, Davis law professor Gabriel Chin, who argued in 2008 that Sen. John McCain was not eligible to be president.
Advisers to Cruz — a Harvard Law-educated appellate lawyer who has argued dozens of cases before the U.S. Supreme Court and knows a thing or two about constitutional law — say that because his mother had U.S. citizenship at the time of his birth, it transferred to him on foreign soil.
Temple University law professor Peter Spiro said Cruz has a “very strong argument” that he is indeed natural born.
While the 14th Amendment to the Constitution grants citizenship to anyone born inside the U.S., children born to American citizens outside the country attain citizenship through a law passed by Congress, according to Spiro.
“He’s a birthright citizen but his birthright citizenship derives from his parents, and the question is, does that fit with the definition of natural born citizen?” added University of Pennsylvania law professor Kermit Roosevelt. “I think it does.”
Chin, who authored a lengthy analysis on McCain’s citizenship, agreed that Cruz most likely is eligible.
Even though only Cruz’s mother was a citizen, there shouldn’t be a problem because it appears she had lived in the United States for at least 10 years, Chin said.
(Excerpt) Read more at politico.com ...
Statutory citizen at birth is equated by most of the quoted scholars as NBC but some hold back and say there has never been a SCOTUS ruling on the matter.
Not having a US citizen father, as stated in MvH, isn't even mentioned.
Ted Cruz eligibility ping...
Cruz compared to McCain and Romney...but not Obama.
...and so it begins anew, there must be new evidence disqualifying Odungo.
I’m disgusted by the hero worship alone.
The media gave Obama a pass but it would not give Sen Cruz a pass.
Cruz would throw this back in their face if challenged.
Indeed, I think Republicans need to start nominating people that are not qualified in races that are safe democratic seats.
They should also publicly advocate cheating in elections by simply saying “The democrats do it we should too” The demonrats will cheat as long it is profitable for them to do so. The only way to get them to stop is to out cheat them
“Focus on anything BUT Obama’s eligibility!” many angry alleged freepers tell us.
If his father was naturalized by the time of his birth and Canada made no jurisdictional claims upon him as a result of being born in Canada, then he qualifies.
If his father had not naturalized by the time of his birth but was a resident alien of the United States, and his nation (Cuba) made no jurisdictional claims upon him at birth, then doubt begins to creep in, but he could be eligible.
If Canada, Cuba or both made jurisdictional claims upon him at birth, he is not eligible.
Texplainer: Could Canadian-Born Ted Cruz Be President?
Questions about the qualifications of Ted Cruz, the GOP's newest star
If a who knows where born red diaper baby with a Kenyan father can be President twice I’m going to stop splitting hairs over good GOP candidates who can at least produce a bonafide birth certificate and the hospital they were born in actually has a record of it.
If a Kenya citizen father and an underage American mother makes one eligible to be POTUS, and win 2nd term, even Vladimir Putin could run for POTUS and the media won’t raise a boo. All that matters to them...is he a liberal? If yes, then no problem.
If an illegal Kenyan immigrant Commie with Marxist parents can get elected, I would guess that most anyone could do it.
Sounds like a trial balloon/Talking Point/end-run around The Mulatto Messiah’s Ineligibility problem, that everyone who could possibly Rule on is either afraid for their life, exposure of dirty laundry, or under threat of smears (or worse).
If your mother takes a day trip to Mexico and has you that day in Mexico, the US Embassey there declares you a citizen of the US, not Mexico. When you and your mom can travel back into the US, it is as if the trip to Mexico did not happen.
McCain was born on a military base in another country but that military is considered US territory and he was a US citizen that day and would have been even if it was another country because his parents were US citizens and the embassey there would have made him a US citizen.
A naturalized citizen may not be president. That is a citizen of another country (neither parent is a US citizen)who comes here and goes through the paper work to become a naturalized US citizen. That person is not a natural born citizen as he/she was a citizen of another country before becoming a US citizen.
The beauty of this system is Piers Morgan was born in England of English parents. He can become a naturalized citizen of the US if he goes through the procedure, BUT HE CAN NEVER BE US PRESIDENT - THANK GOD.
Don’t flame me about this because I don’t care if you don’t agree because I am right.
My grandson was born in England but his father is a US citizen (my Texas born son) and the US embassey there made the grandson a US citizen that day and issued him a US passport.
If the Canal Zone was under the full jurisdiction of the United States and Jimmy Carter just up and decided unilaterally to give it away, you’d better hope Obama doesn’t get a wild hair and decide to do the same thing with wherever you reside.
How does anyone know where Cruz is born. He can get on every state’s ballot, without a birth cert, right?
He should just state he was born in Hawaii, since their privacy laws will keep it sealed. Nobody can prove he was or wasn’t born in Hawaii.
Problem solved.
Nope...
Bronco Bama’s paternity cannot even be determined with certainty.
Was it Frank Marshall Davis? Or even more edgy, was Stanley Ann Dunham actually the half-sister of Bronco Bama, child of Stanley Dunham and an unidentified woman of African ancestry, which Stanley Ann took as her own child and arranged a sham marriage with a foreign student playing the patsy? We have seen bigger hoaxes pulled in history, but none with such far-reaching effects.
Should be simple enough - pull a DNA sample from both Bronco Bama and his half-sister Maya Soetoro. While part of Bronco Bama’s DNA would show he was related to the Dunhams, it may show that Stanley Ann may not have been his mother, but it would definitely show that Maya’s mother WAS Stanley Ann.
Good luck collecting the samples.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.