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To: Las Vegas Ron

Trump cultists on this forum have advanced the preposterous idea that both parents must be both citizens and born on US soil.

Of course it’s absurd and Cruz was using absurdity to illustrate how the whole birther cabal was ridiculous.


32 posted on 01/15/2016 1:57:50 PM PST by Oklahoma
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To: Oklahoma

Guess the USSC is a Trump Cultist then:

The Venus, 12 U.S. 8 Cranch 253 253 (1814)

Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: “The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.

Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)

Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.

Dred Scott v. Sandford, 60 U.S. 393 (1857)

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.’ Again: ‘I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .

Minor v. Happersett , 88 U.S. 162 (1875)

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 their parents. As to this class there have been doubts, but never as to the first.

United States v. Wong Kim Ark, 169 U.S. 649 (1898)

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.

Perkins v. Elg, 307 U.S. 325 (1939),

Was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child’s natural born citizenship is not lost if the child is taken to and raised in the country of the parents’ origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship “and to return to the United States to assume its duties.” Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a “natural born Citizen of the United States” because she was born in the USA to two naturalized U.S. Citizens.

But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg ‘solely on the ground that she had lost her native born American citizenship.’ The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg ‘to be a natural born citizen of the United States’ (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary’s discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship.”

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.


35 posted on 01/15/2016 2:00:30 PM PST by Mechanicos (Nothing's so small it can't be blown out of proportion.)
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To: Oklahoma
Trump cultists on this forum have advanced the preposterous idea that both parents must be both citizens and born on US soil.

Funny thing, I don't believe Obama is eligible for the same reason Cruz isn't.

I'm not going to be a hypocrite and change because it's our guy.

I've spent many hours over the last 9 years studying this issue, you?

All that said, I will still gladly vote for Cruz if he is the nominee, the stakes are too high and as Lincoln said, the constitution is not a suicide pact.

You will not, nor have you ever, seen any post from me saying Cruz shouldn't be elected because of his birth status.

Let me ask you a question, if Cruz were born to two citizen parents, on US soil, would this be an issue?

The fact it is an issue is exactly why the founders used the phrase NBC. They didn't want any question of allegiance for the CIC....unlike all other offices.

38 posted on 01/15/2016 2:07:12 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: Oklahoma

‘Trump cultists on this forum have advanced the preposterous idea that both parents must be both citizens and born on US soil.

Of course it’s absurd and Cruz was using absurdity to illustrate how the whole birther cabal was ridiculous.”

This!


42 posted on 01/15/2016 2:13:29 PM PST by 728b (Never cry over something that can not cry over you.)
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To: Oklahoma
Demonstrating absurdity by being absurd, and the "brains" we see here are too ignorant to understand that.

"Under that theory, not only would I be disqualified, Marco Rubio would be disqualified, Bobby Jindal would be disqualified and, interestingly enough, Donald J. Trump would be disqualified."

Come on guys Cruz was not claiming his statement had any validity. I would hope that intelligent people could see that, but hopes can be dashed.

51 posted on 01/15/2016 2:20:14 PM PST by 728b (Never cry over something that can not cry over you.)
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