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CATO Institute: Yes, Ted Cruz Can be President
CATO Institute ^ | Aug 26, 2013 | By Ilya Shapiro, Senior Fellow In Constitutional Studies, Cato

Posted on 08/30/2013 12:02:15 PM PDT by Jim Robinson

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To: Tau Food

If you are so sure of that then take the test —


761 posted on 09/03/2013 6:45:14 AM PDT by Uncle Chip
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To: Uncle Chip
1-6 = NBC, although 6 can have some exceptions 7-9 = naturalized, or future naturalized

As the Supreme Court pointed out in Minor (1875):

"Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that "no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President," and that Congress shall have power "to establish a uniform rule of naturalization." Thus new citizens may be born or they may be created by naturalization."

762 posted on 09/03/2013 6:49:37 AM PDT by Mr Rogers (Liberals are like locusts...)
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To: Mr Rogers

Are there any “native-born”, “foreign-born”, or “aliens” on that list???

http://www.foreignborn.com/visas_imm/start_here/4birth_abroad.htm


763 posted on 09/03/2013 6:58:13 AM PDT by Uncle Chip
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To: Uncle Chip

No. There are only two categories under the Constitution: NBC, and naturalized. Other terms have been applied at times, and any decent regulation will account for that. But the US Constitution only knows of 2 categories.

Aliens, of course, are not citizens - but may become citizens thru naturalization.


764 posted on 09/03/2013 7:06:13 AM PDT by Mr Rogers (Liberals are like locusts...)
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To: Mr Rogers
Since you cited Minor vs Happersett, let's continue: “The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of the parents. As to this class there have been doubts, but never as to the first.”

If the first class was natural born citizens, then what is this class called?

765 posted on 09/03/2013 7:19:51 AM PDT by Uncle Chip
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To: Tau Food
The electors will continue to interpret and apply the NBC clause in a reasonable way.

Electors do no such thing, They merely cast their electoral vote for the candidate who received the most votes in their state.

766 posted on 09/03/2013 7:39:34 AM PDT by Uncle Chip
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To: Uncle Chip
Electors do no such thing, They merely cast their electoral vote for the candidate who received the most votes in their state.

From Article 2, Section 1 of the Constitution:

"Each State shall appoint, in such Manner as the Legislature thereof may direct a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

Uncle Chip, if you don't like the way your state chooses its electors, you should ask your state's legislature to change its manner of choosing its electors. There is no Constitutional requirement that the electors be chosen by voters.

(1) The Founders trusted state legislatures to choose, in its own manner, its own electors; and
(2) The Founders trusted the electors to choose our presidents.

I trust the Founders.

That's just the way it is, Uncle Chip.

767 posted on 09/03/2013 7:58:50 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: Jim Robinson

Indeed. Bump.


768 posted on 09/03/2013 8:02:48 AM PDT by big'ol_freeper ("Evil is powerless if the good are unafraid" ~ Ronald Wilson Reagan)
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To: Uncle Chip

They were called “NBC”. That was resolved in WKA. For Minor, it simply did not matter. It wasn’t a citizenship case, and the court specifically refused to resolve any doubts.

TWO classes under the Constitution: NBC & naturalized. Since Minor did NOT determine the limits of NBC, a government official was free to determine Wong Kim Ark was not a citizen...and thus the WKA case arose.

Had Minor determined the meaning of NBC, there would have been no WKA case.


769 posted on 09/03/2013 8:04:55 AM PDT by Mr Rogers (Liberals are like locusts...)
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To: Tau Food

Show me in what you posted where it says that the appointed electors are given the authority to interpret and apply the NBC clause in any way???


770 posted on 09/03/2013 8:11:56 AM PDT by Uncle Chip
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To: Uncle Chip
Show me in what you posted where it says that the appointed electors are given the authority to interpret and apply the NBC clause in any way???

Uncle Chip, the Constitution authorizes and empowers electors (and no one else) to choose our presidents. The Founders entrusted that power to electors and to no one else.

The Constitution also establishes eligibility standards limiting the electors' choices. The Constitution thus requires the electors to interpret and apply those standards so that they can perform their president-selecting function.

Does that seem overly complicated or mysterious to you?

771 posted on 09/03/2013 8:45:25 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: Tau Food
The Constitution also establishes eligibility standards limiting the electors' choices. The Constitution thus requires the electors to interpret and apply those standards so that they can perform their president-selecting function.

So then did they fail in their Constitutional duties these last two election cycles or succeed???

772 posted on 09/03/2013 9:07:22 AM PDT by Uncle Chip
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To: Uncle Chip
The electors in each of the last two presidential elections succeeded in choosing our president. And, I believe that they chose a president who meets the eligibility standards described in our Constitution.

Ted Cruz

773 posted on 09/03/2013 9:13:49 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: Tau Food
Oops. I cut off part of my endorsement. Sorry, Ted!

Ted Cruz -2016

774 posted on 09/03/2013 9:15:28 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: Tau Food

BTW I remember this discussion over electors in 2008 and it was a mute point since they would never be chosen as electors unless their votes were locked in in very sorts of ways.

The sticky point was that Congress had to vote to accept or reject the electoral votes after they had been cast. Before that vote, if just one Senator or Representative objected, then Congress was adjourned and the objection dealt with.

Obviously in 2008 and 2012 no Republican Congressman had the whatever to object to the electoral votes for the Kenyan, but do you really think that the Democrats would reciprocate and just sit on their hands and not object.


775 posted on 09/03/2013 9:30:59 AM PDT by Uncle Chip
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To: Mr Rogers
Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization.

Actually there was a third: by marriage.

776 posted on 09/03/2013 9:42:09 AM PDT by Uncle Chip
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Labor Day Pop Quiz [Updated]:

What terms are used to refer to these different classes of citizenship by the US Government:

1] Both parents US citizens and birth on American soil: ________________________.

2] Both parents US citizens in the military/government service and birth on foreign soil: _________________________.

3] Both parents US citizens and birth on foreign soil:
________________________.

4] Neither parent US citizens but birth on American soil: ________________________.

5] Only one parent US citizen and birth on American soil: ________________________.

6] Only one parent US citizen and birth on foreign soil: ________________________.

7] A naturalized citizen: ________________________.

8] A person undergoing naturalization: ________________________.

9] Children born to parents undergoing naturalization: ________________________.

10]Children brought to the US by parents who subsequently undergo naturalization:_________________________.

11]Children born to parents who are undergoing naturalization but then fail to complete it:_________________________.

12]Children brought to the US by parents who subsequently undergo naturalization but then fail to complete it:_________________________.

[Answers: natural born citizens, native born citizens, foreign born citizens, naturalized citizens, aliens/foreigners/non citizens]

Extra Credit Available


777 posted on 09/03/2013 9:44:58 AM PDT by Uncle Chip
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To: Jim Robinson

From what i have heard of Cruz and what little i know about him i would vote for him over any liberal even if he was born in Africa.

I did not vote against Obama because of being convinced he was not an American, i voted against him because i believed he was un American, big difference.

By the same token i would vote for Cruz because he is American even if he is not an American.

The arguments on citizen ship are confusing and i respect the people who want to get it right.

But where were they at when some of the much easier to understand questions were being circulated, where were they at when the state of Alabama was forced to remove the ten commandments from the state capital?

Where are they at when the police say you must have a permit to carry a fire arm, and a half dozen other things that are so obviously against the constitution.

Where are they at when the police break into private homes or attacks a mother who only has issues with the school and they do this with a tank or armored cars?


778 posted on 09/03/2013 10:22:49 AM PDT by ravenwolf
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To: Tau Food

Frankly I am not too sure about that.


779 posted on 09/03/2013 3:32:32 PM PDT by Ladysforest
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To: DiogenesLamp

Luv that remark by Walter Williams, and I didn’t realize how handsome he is. He’s certainly growing older gracefully.

One of my favorite novels was Ayn Rand’s “We the Living,” and she said it’s the closest she will ever come to writing a biography.

While I like her love of freedom, etc., I didn’t always agree with her, and was disappointed to find out that she had some kind of relationship with a married man who was her friend’s husband.


780 posted on 09/03/2013 4:29:49 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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