Posted on 02/17/2013 6:52:48 AM PST by SMGFan
Liberals, the mainstream media, and establishment Republicans often reveal which conservatives they fear by their level of disdain and vitriol.
This week, they put their crosshairs on freshman Texas Sen. Ted Cruz (R-TX), a Tea Party conservative of Hispanic descent who undermines the mainstream media's ability to advance their false notion that being a minority and Tea Partier are mutually exclusive. He is a conservative who showed no desire to defer to the Senate's "courtly" ways, the preferences of the institution's old bulls.
The sinking ship that is the New York Times, the so-called paper of record, provided evidence of what it fears most in its Saturday edition: strong, distinct full-throated conservative voices from folks who ain't "country club," geriatric, and white. The Washington Post and Politico joined the times in assailing Cruz this week for similar reasons. The Times did a thorough review of the freshman senator's stunning seven-week run:
(Excerpt) Read more at breitbart.com ...
That's a label to wear with pride along with intolerant, racist, gun nut, anti-choice, Bible thumper, homophobe and other pejoratives that the left uses to diminish Conservatives. One that I personally consider a real badge of honor is: Southern, white, heterosexual, gun-toting, right-wing, born-again Christian male. To the commies, that's Kryptonite but it describes real Americans, the ones who have a plan of salvation for our country.
His father naturalized in 2005 but it doesn't really matter because no court seems willing today to adopt the birther definition of natural born citizen that requires both parents to have been U.S. citizens. This means you are free to vote against him on this basis if you wish, but if you think Senator Cruz is going to face any legal hurdles over his eligibility due to the fact that his father was not a citizen, think again. It's not going to happen. It wasn't an issue when Bill Richardson ran for President. It wasn't an issue when Barack Obama ran for President. And it won't be a legal obstacle for Marco Rubio, Bobby Jindal, Nikki Haley, or anyone else with foreign parentage who decides to throw their hat into the ring.
The courts just aren't buying this.
The courts will care in 2016 if its a Republican
Well, except for their ability to address private sector/economic freedom types, anywhere...in Spanish.
If Cruz or any other person can be molded into the requirement of ‘natural born citizen’ for POTUSA as differentiated from ordinary ‘citizen’ for Congresspersons as given in the Constitution you have found a winner.
“. . . He won’t get the air time. We’ll have to get the word out by ourselves. It won’t be easy.”
And let’s be careful to not do so in any inappropriate venues a la Dr. Carson at the Prayer Breakfast or they won’t like us.
WE’ll check with Cal Thomas, Bill Bennett and John McCain.
We won’t want anyone to be mean to us.
It's the old 'pretend we're tough to appease the base' ploy. What they don't realize is that we see right through it.
We expect opposition to the Marxist. We expect that opposition to be scorched-earth, consistent, and perpetual.
ALL the time.
The gloves are off. The Tea Party can and does take out candidates who do not realize that portions of the base have no desire to live on the Grand Old Plantation.
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— NYT GOES BIRTHER: ATTACKS ‘CANADIAN-BORN’ CRUZ, CALLS HIM ‘MCCARTHYITE’—
Article, then David’s comments at # 30 , and # 49 .
Thanks, David.
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By virtue of his parentage, Ted Cruz is a natural born citizen, being entitled to US citizenship by birth via at least his mother (I don't know if his father was naturalized).
OK. The statute you would be looking for I think is somewhere in 1406 or 1409 or 1411 of the USCA--I don't have time or inclination to try to look it up at the moment.
You will also want to know on what date Eleanor was born because the applicable mother only statute turns on the number of years after age 14 his mother had her permanent residence in the US before he was born.
You may also want to know the day of the year Ted was born because the applicable statute was amended several times in the 1960's and 70's and when you look at the effective dates of the amendments which you will find in the footnotes to the USCA section, you will see that the amendment applies only to persons born after a specified date.
All of that to confirm your hope that he is eligible under the Constitution to hold the office of US Senator.
As to the Natural Born clause in Article II, Section 1, there are a number of poster's here who are not lawyers--Constitutional Lawyers all know that the test of Natural Born Citizenship is place of birth--to be Natural Born, you need to have been born within the geographical territory of the several states; nothing else is relevant--period.
You can wish the result were otherwise in the case of Cruz; you can wish you could prove the place of birth of the current occupant of the White House because he too was born outside the US. But there isn't any real lawyer in the Constitutional Law business that would want to be in court with the argument for Natural Born for a client who was not born in the US.
Me, too. You learn that the NYT, Washington Post, Time, et al have had communist writers for decades and toed the Soviet line. It’s not a new pattern of behavior we are seeing, but one that goes back nearly 100 years now!
Your posts give me the opportunity to mention a new, small, 36 page red pamphlet from David Horowitz entitled: “Go For The Heart” ‘How Republicans Can Win.’
While many are concentrating on winning more Hispanic votes, he talks about something else.
She would have been 35 when he was born.
As for eligibility to be president, Cruz falls into the same category as McCain. Both were born citizens because of their parentage. And being entitled to citizenship by reason of birth, as opposed to naturalization, is all natural-born means.
Constitutional Lawyers all know that the test of Natural Born Citizenship is place of birth
Where is that written? Military brats born abroad are not eligible? That would be laughed out of court!
According to a Congressional Research Service report:
The weight of legal and historical authority indicates that the term natural born citizen would mean a person who is entitled to U.S. citizenship by birth or at birth, either by being born in the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship at birth. Such term, however, would not include a person who was not a U.S.citizen by birth or at birth, and who was thus born an alien required to go through the legal process of naturalization to become a U.S. citizen.
you can wish you could prove the place of birth of the current occupant of the White House because he too was born outside the US.
Little Barry Bastard's place of birth is the least of the reasons he should not be President.
Your point is? Just because Cruz won't get the face time he needs isn't any reason for him to change the message.
My point is sarcastic. Cruz is going to say what he thinks is right and he’s going to take criticism from all the RINOs for not being polite.
Nobody is going to know or care what he says if he doesn't get air time. If the left can't twist his message it will "interpret" one. We have to get it out.
You think if Ted Cruz decides to run that there will be a judicial hearing on the matter of his eligibility? I doubt that. It won't get that far. Sure, there will be a bunch of people bitching about it on the internet but as far as being adjudicated in a courtroom, ain't gonna happen.
The Senate will pass the same resolution they did with McCain allowing Cruz on the ballot. Left wing birthers will scream Cruz is ineligible. Much like with Obama, they'll get nowhere as courtroom after courtroom dismisses all legal challenges.
So there you have it.
I love Cruz, he is using Democrat tactics against the Democrats.
Not nit-picking here, I'm just trying to get it straight...
Be good if he was--get someone to tell us how he complied with which citizenship at birth statute.
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There's the crux of the issue.
Assuming Cruz was born in Canada, to a Cuban national father and an American citizen mother, Cruz would be Canadian and possibly a US citizen if his mother meet the requirements to pass citizenship to Ted set by Congress at the time.
Key point there. Congressional law, at the time.
Congress only has the Constitutional power of setting naturalization laws.
This means, if Ted Cruz is a US Citizen, he is so because of the naturalization laws in place at the time.
He is, then, a naturalized citizen at birth.
Since naturalized citizens are not "natural born Citizens," he's not eligible.
It's interesting to note, that the oath for naturalized citizens of the US requires them to "... hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen."
In the eyes of US law, those that become naturalized citizens by oath are not allowed to be dual citizens/nationals. Yet, a citizen at birth (naturalized or by 14th Amendment), can be a dual national and many here believe (unlike myself) that a "natural born Citizen" may also be a citizen of a foreign country.
Quite the contradiction.
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