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Fordham Law Prof: Ted Cruz Not 'Natural Born' Under 'Originalist' View of Constitution
Breitbart ^ | 01/11/2016 | Breitbart News

Posted on 01/11/2016 8:19:23 AM PST by Greetings_Puny_Humans

Thomas Lee, a professor of constitutional law and international law at Fordham Law School, writes in the Los Angeles Times that Sen. Ted Cruz (R-TX)97% would not be considered a "natural born citizen" under an originalist view of the Constitution.

From the LA Times:

Under either a textualist or a "living Constitution" theory, Cruz is a "natural born Citizen," eligible to be president; under an originalist view, however, he isn't. It's the conservative theory that would exclude the conservative Cruz from presidential eligibility.

To an originalist, a "natural born Citizen" is a person who is a citizen of the United States under "natural" principles of law in 1788. Two such principles were then in play in the U.S. Jus soli — the law of soil — was the principle that a child was subject or citizen of the sovereign who ruled the land or seas on which the child was born. Jus soli was viewed as a part of the common law of England, which was adopted by the American states. Jus sanguinis -- the law of blood -- held that a child's citizenship flowed from the parents' allegiance, regardless of place of birth. This principle was prevalent in continental Europe, and in England it was the basis for an exception to jus soli for children born there to foreign ambassadors.

(Excerpt) Read more at breitbart.com ...


TOPICS: News/Current Events
KEYWORDS: bravosierra; cruz; naturalborncitizen; nbc
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To: Defiant

Well, I’m not you so thats some consolation.


101 posted on 01/11/2016 12:18:53 PM PST by skeeter
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To: Greetings_Puny_Humans
Except Trump isn't a British citizen

Cruz isn't a Canadian citizen, either. They both had potential to assert citizenship. Trump could apply for British citizenship tomorrow and get it.

Also, Cruz' father wasn't a Canadian citizen when Ted Cruz was born. He had been living in the U.S. for ten years, possibly married to a U.S. citizen, and he became a Canadian citizen after Cruz was born.

I think both Cruz and Trump should release their birth certificates, school records, etc. I know Cruz has released his mother's birth certificate, but I don't know if he has released his own. He should. Trump should release his birth certificate, his mother's naturalization papers, and his school records.

102 posted on 01/11/2016 12:21:10 PM PST by nickcarraway
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To: Greetings_Puny_Humans

It’s interesting how you believe Canadian and Cuban law is superior to U.S. law.


103 posted on 01/11/2016 12:21:48 PM PST by nickcarraway
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To: RipSawyer

LOL. Thank you for pointing that out. I used voice and it’s supposed to be “a law.” That could be a costly mistake.


104 posted on 01/11/2016 12:24:54 PM PST by nickcarraway
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To: Curmie

>>The term specified—”natural born— was used in the Constitution to indicate “no conflicting loyalties”—as having a Cuban or Kenyan father might create— to draw a distinction between NBC and mere citizen by birth, like anchor babies are claimed to be.
Can an anchor baby—a “dreamer”—become Prez if they are 35? <<

A “dreamer” (someone who came to this country illegal, and was amnestied for having been young) is not a citizen at birth.

The only thing stopping an anchor baby from becoming president, however, would be the highly suspect prudence of the American people. This is NOT what the founding fathers intended, but they failed to conceive of a government so dedicated to the destruction of its own society.

Please include a link to explain your notion that he defined NBC in a way that excluded him.


105 posted on 01/11/2016 12:27:50 PM PST by dangus
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To: Greetings_Puny_Humans

It’s actually much simpler than most make it out to be.

If the individual was made a citizen by nature, ie was born in this country to two citizen parents, they are a natural born citizen.

If they were made a citizen by virtue of our immigration and naturalization laws passed by Congress, they have been naturalized, ie “made as if they were natural born citizens,” by statute.

It’s quite apparent that Cruz’s citizenship status at his birth was totally reliant on the existing provisions of our immigration and naturalization laws, the ones put on the books in 1952.

Hence, he is not a natural born citizen, he is a citizen by statute, and therefore not eligible to the office of president.


106 posted on 01/11/2016 12:39:38 PM PST by EternalVigilance ('A man without force is without the essential dignity of humanity.' - Frederick Douglass)
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To: SubMareener

Cognitive dissonance—and selective use of blinders—is the order of the day in the 2015 united States.
If Ted had two US citizen parents, he could be born elsewhere and be an NBC—alas, for his supporters, he had only an American mother and was born a Canadian—or, at best, a “dual citizen”, and acted as if he didn’t know his Canadian birth certificate made him a Canadian citizen until the Dallas daily paper wrote about it, and then nine months later, “renounced” it.
What a joke—the constitutional scholar Harvard Law graduate didn’t know he was a Canadian citizen?
Tell me another one.........


107 posted on 01/11/2016 12:53:57 PM PST by Curmie
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To: GeaugaRepublican

Queen Noor is now the “queen mother”, who was married to the father of her son, the current King, who would be equivalent to Cruz with a claim to be an NBC


108 posted on 01/11/2016 12:53:57 PM PST by Curmie
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To: dangus

http://www.newswithviews.com/JBWilliams/williams300.htm

In a campaign interview during his freshman senate race, a GOP Texas State Committee member sat down with the young candidate to ask a few poignant vetting questions, and here are the questions and answers from that interview… (Redacted information is to protect the witness at this moment, but the witness is willing to offer sworn testimony)

Interviewer: “Hello Mr. Cruz, it’s a pleasure to meet you. My name is (redacted). I am a (redacted) County GOP Precinct Chair and you have my support and vote. I have one question for you if I may?”

Cruz: “Sure, go ahead.”

Interviewer: “What is your understanding of how one becomes a natural born Citizen?”

Cruz: “Two citizen parents and born on the soil.”

Interviewer: “Not exactly, but as I don’t have enough time to fully explain how one does become an natural born Citizen, based on your understanding, would you agree that Barack Obama is ineligible to be POTUS?”

Cruz: “I would agree.”

Interviewer: “So when we get you elected, will you expose him for the usurping fraud he is?”

Cruz: “No, my main focus will be on repealing Obamacare.”

Interviewer: “But Mr. Cruz, if he is exposed as the usurping fraud he is, everything he has done will become null and void. Everything!”

Interviewer: “At that point, Cruz reiterated his main concern, so it was obvious the conversation was over as far as Cruz was concerned. I thanked him for his time and wished him success in the runoff.”


109 posted on 01/11/2016 12:53:57 PM PST by Curmie
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To: Genoa

The upshot:
“Jus soli — the law of soil — was the principle that a child was subject or citizen of the sovereign who ruled the land or seas on which the child was born. “

The downshot:
“nine of the forty-three Presidents, who had served as president, were foreign born””A recognizable new nation called the United States of America, with its own constitution and government was established only in 1783 through the treatry of Paris signed by King George the Third and the representatives of the United States of America.”

“Prior to this date, anyone born in North America, presently known as USA, was actually born in a British Colony”

finance.yahoo.com/;_ylt=AuttLG3Miotd5xBCdE7y_7BvNu8C


110 posted on 01/11/2016 12:56:07 PM PST by Rock N Jones (s)
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To: Idaho_Cowboy
Poor George Washington. His mother wasn’t a US citizen when he was born.

You know d@mn well the Constitution made Washington and all the founders specifically eligible even though they did not meet the NBC requirement that they assigned to the office of President. You and that idiot Pat Grey trying to make hay of the fact several Presidents were not NBC when the original Constitution absolutely granted them an exception to the NBC requirement as stated in the Constitution.

If you want to know how much all the Anti Trump cr@p hurts Cruz, then look to the Glenn Beck show.

111 posted on 01/11/2016 1:00:51 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
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To: SubMareener
Under the current theory that says Ted is a Natural Born Citizen, the Royal Princes and Princesses of Jordan are also Natural Born Citizens. Their mother was born a US Citizen.

Exactly, but under the; "We want what we want when we want it doctrine" Ted is NBC.

112 posted on 01/11/2016 1:08:44 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
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To: The All Knowing All Seeing Oz; SubMareener
Under the current theory that says Ted is a Natural Born Citizen, the Royal Princes and Princesses of Jordan are also Natural Born Citizens. Their mother was born a US Citizen.

SubMareener post 20

This sort of makes B$ out of yous multi linked diatribe.

113 posted on 01/11/2016 1:13:49 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
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To: Curmie

So a blogger writes, after Cruz joins the presidential race, that an interviewer he refuses to name told him that’s what Cruz says? Really?

“Redacted information is to protect the witness at this moment, but the witness is willing to offer sworn testimony”

That is the silliest nonsense I’ve ever read. Come back to me when JB Williams has a source.


114 posted on 01/11/2016 1:22:04 PM PST by dangus
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To: Curmie
Thank you!

I couldn't recall Cruz mentioning having a desire to become President during his Senatorial campaign, but I kept thinking I remembered his mentioning the Presidency in general.

Some blog post from somewhere or other.

115 posted on 01/11/2016 1:33:20 PM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: dangus

That is the silliest nonsense I’ve ever read. Come back to me when JB Williams has a source.


Perhaps..But JB Williams brings up a good, no vital point.
Since Cruz denounced his Canadian citizenship in 2014, why would he need to flash it around now?
Why won’t he produce his US birth documents showing that he is at least a US citizen?

There is a great deal of smoke here...Cruz is doing his best to start a fire.


116 posted on 01/11/2016 1:48:54 PM PST by AFret.
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To: AFret.

“Why won’t he produce his US birth documents showing that he is at least a US citizen?”

Since Cruz wasn’t born in the USA he won’t have US birth documents. He will have a certificate from the US embassy in Canada that verifies that he was BORN with citizenship of the USA.


117 posted on 01/11/2016 1:51:02 PM PST by jdsteel (Give me freedom, not more government.)
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To: The All Knowing All Seeing Oz

Do you not grasp that if it’s left open ended now, the Dems will have a field day? You can sit at your keyboard all day every day typing it’s a settled issue. But IF Cruz is the nominee it will be a three ring circus.

Have you ever noticed that the MSM works in tandem with the Dems? Neither will give this issue a rest until the damage is done. The only way it’s a non-issue is if Cruz loses the primary.


118 posted on 01/11/2016 1:54:11 PM PST by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: jdsteel
-- Since Cruz wasn't born in the USA he won't have US birth documents. He will have a certificate from the US embassy in Canada that verifies that he was BORN with citizenship of the USA. --

Those are basically his US birth documents. I think it's a fair question, why did he release his Canadian BC, instead of the US documents that recognize his citizenship at birth? Or both, in case somebody wants to make an issue of no BC at all. On it's face, Cruz's response is weird. asked to show evidence of his US citizenship, he produces a Canadian BC.

119 posted on 01/11/2016 1:59:13 PM PST by Cboldt
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To: jdsteel

ince Cruz wasn’t born in the USA he won’t have US birth documents. He will have a certificate from the US embassy in Canada that verifies that he was BORN with citizenship of the USA.


Ok, Is there some reason that he has not produced the certificate?
He is asking us to believe that he is qualified to serve as President, but won’t produce the documentation.
(At least Jughead “produced” a Cert of Birth on US soil).


120 posted on 01/11/2016 2:03:00 PM PST by AFret.
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