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Coulter: Ted Cruz might not be eligible for the presidency
Hot Air ^ | August 13, 2013 | Allahpundit

Posted on 08/13/2013 3:12:38 PM PDT by 2ndDivisionVet

Via Mediaite and MFP, forget the legal niceties about what “natural born” might or should mean and look at this from a court’s perspective. Realistically, no judge is going to disqualify a national figure who stands a real chance of being the nominee of one of the two major parties unless the law leaves them no wiggle room to rule otherwise. Tens of millions of Americans would be willing to vote for Ted Cruz; to strike him from the ballot on a technicality in an ambiguous case would be momentously undemocratic. Against that backdrop, the Supreme Court would almost certainly end up reading “natural born” in the narrowest way, excluding anyone who was born abroad of two non-citizen parents but including everyone else. Cruz, who was born in Canada but whose mother was a U.S. citizen, would qualify, not only for the reason Ace gives here but more broadly because courts don’t want to be seen as hard-ass enforcers of what’s perceived by many to be an unusually archaic bit of the Constitution. They’ll dump a true foreigner because they have to. They don’t have to dump the son of an American citizen like Cruz, so they won’t. Take it to the bank.

But never mind that. Given the angst and ambiguity over the “natural born” clause in the last two cycles, why not pass an amendment to replace it with something like, say, a 25-year residency requirement? The point of the clause was to make sure that rich foreigners couldn’t cross the ocean and buy their way into the presidency, which wasn’t a baseless concern for a group of former British subjects who worried about loyalists to the throne subverting the revolution. In practice, though, it means that someone who’s born on U.S. soil but lives their entire life abroad, only to return and run for president decades later, is constitutionally more trustworthy than someone like Cruz who was born abroad but has lived his entire life here. Does anyone question whether Ted Cruz, decades later, might be more loyal to Canada than to the U.S.? Right at this moment, House Republicans are gearing up to pass a variation of the DREAM Act that would grant citizenship to illegals who were brought here at a young age by their parents on the theory that the place where you’re raised is more likely to shape your patriotic loyalty than the happenstance of your birth. If those kids are trustworthy enough to help decide at the polls who the president should be, why shouldn’t they be eligible for the presidency themselves? In a democracy, the president is, or should be, drawn from the citizenry. People who take certain draconian disqualifying actions, like committing felonies, are an exception, but what action has Cruz taken? Replace “natural born” with a residency requirement, which gives people the power to prove their loyalty, and you solve that problem.

(VIDEO-AT-LINK)


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: anncoulter; birthers; certifigate; cruz; cruzcitizen; gopebarfalert; naturalborncitizen; naturalborncuban; nbc; tedcruz
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To: 2ndDivisionVet

The problem being, Obama’s Mama was not a U.S. Citizen at the time of his birth.

As I understand it, she did not have Residency here for at least five years before The One’s miracle birth.

I know I had seen this discussed here on FR in the recent past, but I will claim ignorance until one of the more Intelligent amongst us can provide the information I “BELIEVE” I am referring to. LOL


181 posted on 08/13/2013 7:56:49 PM PDT by Kickass Conservative (They can follow the Communist, I'll follow the Constitution...)
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To: JCBreckenridge
Last I checked Canada is not considered to be American soil.

Well you'd better check again.

182 posted on 08/13/2013 7:57:09 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: justlurking

I don’t think that the current court has any interest.

Obama Eligibility Appeals At the Supreme Court of the United States

Anderson v. Obama: Denied a motion for leave to file a petition for rehearing in a case challenging the Patient Protection and Affordable Health Care Act, where the petition sought an order compelling
(a) the U.S. Marshals to travel to Hawaii;
(b) the Hawaii Department of Health to release the “original” birth certificate of Obama to the U.S. Marshals;
(c) the U.S. Marshals to bring the certificate to the Supreme Court; and
(d) the U.S. Secret Service to examine and verify whether the document is a forgery).

Berg v. Obama: Application for Stay of 2008 election denied; Cert. Petition Denied. Obama is not eligible due to Obama’s birth in Mombassa, Kenya and his Hawaii birth certificate is a forgery.

Beverly v. Federal Elections Commission: Cert. Petition Denied. Plaintiff was a write-in candidate for president who was denied his rights due to the states not properly vetting Obama. FEC should not have certified general election results.

Craig v. U.S. Cert. Petition Denied. Appeal seeking to compel the federal government to define by statute who is and who isn’t a natural born citizen.

Donofrio v. Wells: Application for a Stay of 2008 election results being certified until Obama proves his eligibility.

Farrar v. Obama: Application for Stay Denied by Justice Thomas and Cert. Petition Denied by the Court. Rejection of the challenge to Obama’s eligibility to appear on 2012 ballot; refusing to stay or hear lower court finding that Obama was born in U.S. and is a “natural born citizen.”

Herbert v. United States: Cert. Petition Denied. Dismissal of a complaint alleging that Obama is not natural born citizen.

Hollister v. Soetoro: Cert. Denied. Dismissal of an interpleader case challenging Obama’s eligibility as a natural born citizen.

Kerchner, et. al. v. Obama, et. al.: Cert. Denied. Obama does not qualify as a natural born citizen and Congress failed to verify Obama’s eligibility.
Keyes, et. al. v. Bowen, Obama et. al.: Cert. Petition Denied-Obama is not a natural born citizen. He has a Kenyan birth certificate and his father was not a citizen.

Lightfoot v. Bowen: Application denied for stay of 2008 election until Obama’s eligibility is determined.

Purpura v. Sibelius: Petition for Cert. Denied. Dismissal of a case challenging the Patient Protection and Affordable Care on various grounds, including that was not signed into law by a person eligible to be President of the United States.

Rhodes v. MacDonald: Application for stay Denied for $20,000 sanction against plaintiff’s attorney for filing a frivolous lawsuit.
Cert. Petition Denied. Dismissal of a case seeking to postpone the deployment to Iraq of an Army Dentist until Obama’s Article II, Section 1 credentials are examined.

Schneller v. Cortes: Application for stay and Cert. Petition Denied. Dismissal of a case seeking to stop the 2008 election and have the Court rule on Obama’s eligibility as a natural born citizen.

ex rel. Sibley v. Obama: Cert. Petition and Petition for Rehearing Denied. Dismissal of a complaint containing, among other things, petition for writs “quo warranto” to remove President Obama from his current office and, also or alternatively, to bar him from running for the office of president again in the November 2012 election.

Sibley v. D.C. Board of Elections: Cert. Petition Denied. Dismissal of a complaint challenging Obama’s eligibility to be on 2012 general election ballot.

Weldon v. Obama: Cert. Petition Denied. Dismissal of ballot challenge to Obama’s eligibility to be on the Georgia ballot.

Wrotnowski v. Bysiewicz: Application for stay Denied. Dismissal of a case asking for a stay of general election results due to Obama being an ineligible candidate.


183 posted on 08/13/2013 7:58:49 PM PDT by Nero Germanicus
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To: ROCKLOBSTER

Checked. Still independent.


184 posted on 08/13/2013 8:00:15 PM PDT by JCBreckenridge
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To: JCBreckenridge

Nope.

Canada is just as American as Brazil.


185 posted on 08/13/2013 8:04:53 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: ROCKLOBSTER

Checked again. Unless it’s on the news somewhere the annexation of Canada hasn’t happened yet.


186 posted on 08/13/2013 8:06:52 PM PDT by JCBreckenridge
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To: JCBreckenridge

What continent is it on?


187 posted on 08/13/2013 8:07:43 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: ROCKLOBSTER

Do you have anything worthwhile to add?


188 posted on 08/13/2013 8:09:01 PM PDT by Ray76 ( Common sense immigration reform: Enforce Existing Law)
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To: Ray76
Do you have anything worthwhile to add?

Only that he needs to be born on U.S. soil to TWO U.S. Citizen parents.

189 posted on 08/13/2013 8:14:10 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: ROCKLOBSTER

Yeah - and Canada hasn’t been annexed.


190 posted on 08/13/2013 8:15:52 PM PDT by Ray76 ( Common sense immigration reform: Enforce Existing Law)
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To: Ray76

What continent is it on?


191 posted on 08/13/2013 8:16:32 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: ROCKLOBSTER

You don’t get out much do you?


192 posted on 08/13/2013 8:19:23 PM PDT by Ray76 ( Common sense immigration reform: Enforce Existing Law)
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To: Ray76

Answer the question NOOB!


193 posted on 08/13/2013 8:21:26 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: ROCKLOBSTER

Gee - I don’t know.

Is your point just to be a PITA?

Canada is not the US, end of discussion.


194 posted on 08/13/2013 8:22:25 PM PDT by Ray76 ( Common sense immigration reform: Enforce Existing Law)
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To: Ray76
Canada is not the US, end of discussion

That was not the assertion.

195 posted on 08/13/2013 8:23:52 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: rxsid
"The particular Congressional statute that existed at the time of his birth, stipulating the specitics in which he could inherit his mother's U.S. citizenship while in a foreign land and under a foreign jurisdiction.

Congressional statute.

Since Congress does not have the Constitutional power to write laws on who may be a "Natural Born citizen", he's not one.

Nailed it. Well done.


196 posted on 08/13/2013 8:24:33 PM PDT by Flotsam_Jetsome (No more usurpers.)
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To: ROCKLOBSTER
"Only that he needs to be born on U.S. soil to TWO U.S. Citizen parents."

Canada is not the US. So what's your point, Dick?

197 posted on 08/13/2013 8:25:29 PM PDT by Ray76 ( Common sense immigration reform: Enforce Existing Law)
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To: Ray76
Canada is not the US. So what's your point, Dick?

Try to read and keep up. The point is that Canada IS on American soil.

198 posted on 08/13/2013 8:26:57 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: ROCKLOBSTER

Troll away clown.


199 posted on 08/13/2013 8:27:42 PM PDT by Ray76 ( Common sense immigration reform: Enforce Existing Law)
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To: Ray76

200


200 posted on 08/13/2013 8:29:40 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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