The point is that if Ted Cruz is really a Conservative then he would withdraw from the race because his father was not an American. The fact that he stays in the race proves he is not a Conservative but believes that the Constitution is a living document that means what you want it to mean.
” The point is that if Ted Cruz is really a Conservative then he would withdraw from the race because his father was not an American. The fact that he stays in the race proves he is not a Conservative but believes that the Constitution is a living document that means what you want it to mean.”
Exactly !
No, the point is Vattel didn’t write the Constitution and Vattel’s rule is NOT binding American law, and I have found no one in all these threads who has been able to show otherwise. The “Living Constitution” problem is not about constitutional terms that have more than one possible meaning (in law an ambiguity), but about legal positivists who reject the entire notion of being governed by an old piece of paper. Conflating the two is serious error.
Ask yourself, was the intent of the framers to prevent loyal Americans from serving if they were born out of country? Really? Or was it to prevent heart and soul foreigners such as Prince Henry of Prussia, or Fredrick, Duke of York, from asserting foreign control by insinuating themselves to become an elected monarch by way of the presidency? The framers of our Constitution were practical, powerful men. They were not trying to protect themselves or their country from born American babies. If you want to camp on originalism, these are the sorts of things that need to be considered.
Peace,
SR
The point is that if Ted Cruz is really a Conservative then he would withdraw from the race because his father was not an American.
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Then shouldn’t Rubio withdraw? NEITHER of his parents was an American citizen when he was born; they were Cuban nationals.