Posted on 01/12/2016 10:37:35 AM PST by SeekAndFind
Mary Brigid McManamon is a constitutional law professor at Widener University’s Delaware Law School.
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Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.
The Constitution provides that "No person except a natural born citizen .?.?. shall be eligible to the office of President." The concept of "natural born" comes from the common law, and it is that law the Supreme Court has said we must turn to for the concept's definition.
On this subject, the common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are "such as are born within the dominions of the crown of England," while aliens are "such as are born out of it."
The key to this division is the assumption of allegiance to one's country of birth. The Americans who drafted the Constitution adopted this principle for the United States. James Madison, known as the "father of the Constitution," stated, "It is an established maxim that birth is a criterion of allegiance. [And] place is the most certain criterion; it is what applies in the United States."
Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural born. His mother, however, is American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator's parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.
(Excerpt) Read more at washingtonpost.com ...
We need to find out if Cruz’s mother gave birth using “natural child birth procedures” or not. If she used drugs or any other method, such as caesarian section, then Cruz was not “naturally born.”
(sarcasm, but some will be willing to use this as an actual position)
And in 2008 where was this witch? Out in the Obama cheerleading section.
Looks bad for Cruz. Lets get this settled once and for all time—what is the definition of “Natural Born?”
1 parent a citizen? 2 Parents a Citizen? Born in the USA or lands controlled by USA? (Does it include American Samoa? Guam? US Military Bases and forts? Lets settle this for all time!
Doesn’t matter. We need the issue resolved, to prevent another Obama in the future and to clear the cloud over Cruz in case something happens to Trump or in case Trump wants to pick Cruz as VP.
If he’s not, it won’t help Trump.
Sorry libs - If 0bongo be legit den Cruz be too!
Here’s the problem .... the Supreme Court has never directly decided the meaning of “natural born Citizen.”
Today, a living constitutionalist (i.e. liberals) would likely regard the ancient, sexist patrilineal rule governing the citizenship of a child born abroad as an anachronism. To a liberal, anyone born anywhere to a U.S. citizen mother or father would qualify to run for president.
Here’s the other problem -— People looking to the Supreme Court to settle the debate once and for all are likely to be disappointed.
Heck, The federal courts have repeatedly refused to allow voters to bring lawsuits disqualifying presidential candidates on the basis of the “natural born Citizen†clause because voters don’t have the proper “standingâ€â€” their alleged injury is too generalized to justify a court order of relief.
But here’s my suggestion to those of you who believe in your heart that Cruz is NOT a natural born citizen .... DO NOT VOTE FOR TED CRUZ.
It’s as simple as that.
Lol, more comedy for the day.
No, it isn’t British law that we follow here. We shot them and made a new one called the constitution.
It recognized naturalized, natural born, aliens, and those who were citizen at the adoption of the constitution.
For all the sophistry and chicanery about what it meant in merry old England, if you gain citizenship without being naturalized, you are natural born.
There is no naturalized, regular citizen who gained it by birth but isn’t natural born, and then,, the supercitizen, the natural born.
Im for Trump rather than Cruz, though I would vote for him. But this is a farce. Cruz is NBC. And after Obama, the whole issue is moot.
Better to see this headline today than 30 days before the general election.
Quick question regarding this.
Wouldn’t Ted Cruz know if he was qualified to be President? The guy is one of the best constitutional scholars in the country and if he wasn’t qualified, I seriously doubt he would try to get around this.
There is a reason Leahy has had this on his website for 8 years.
http://www.leahy.senate.gov/press/the-introduction-of-a-senate-resolution
Something else we sort of agree on.
Well, to paraphrase, it depends on what the meaning of IF is? Obongo is not legit, and I hope it will be proven evn if it is when he is out of office (and most likely living in a country from where he can’t be extradited).
Mary Brigid McManamon - Birther!
In the context of the eligibility of a person elected President they have no standing or jurisdiction to even hear the issue, much less decide .
The issue is not ripe before the electoral college has cast its votes and at that point the only body capable of determining eligibility is Congress. Once congress certifies the election, the only course for removal is impeachment.
I agree, if my wife and I are visiting her sister in Germany and my wife gives birth....my son/daughter is indeed an American citizen.
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