Posted on 01/18/2016 2:53:34 AM PST by Red Steel
Former Arkansas Gov. Mike Huckabee on Thursday urged his Republican presidential rival Sen. Ted Cruz (R-TX) to go to court to settle questions about whether he is eligible to run for President.
Appearing on CNN's "Erin Burnett OutFront" after Fox Business Network's Republican undercard presidential debate, Huckabee said that the Canadian-born Cruz should seek a summary judgment from a court in order to prove that he can serve as commander-in-chief.
"I didn't think it was an issue until I started seeing extensive and thoroughly detailed articles from constitutional law professors with strong credibility saying that this is an issue," Huckabee said. "I think Senator Cruz needs to settle it. The RNC has no business telling him that he should step aside because there's a question. The issue is, answer the question. Settle it. Deal with it."
After Burnett pointed out that going through the courts could take months and force Cruz to sacrifice the GOP nomination, Huckabee pivoted to the matter of his own airtight eligibility for the presidency.
"For me, it's real simple," he said. "I was born in Arkansas. We already have clearly established that you can be born in Hope, Arkansas, and be president of the United States."
Former President Bill Clinton was born in the same Arkansas town as Huckabee.
you better get used to hearing it.
And which way do you think the question is answered? If anything, it’s never been less answered, and is more confused than it’s ever been.
I see nothing confusing about it. Any child born in the United States under any circumstances is a NBC and can become President provided he meets all the other criteria.
I read your opinion and say “WHAT???”. I’m not sad you’re interpretation would eliminate foreign-born, but it points out that there are so many views that there’s probably not a majority one. It needs clarity; nobody could say that better and more clearly than Huckabee just did.
That is just ad hominem and ridicule. So Alinsky of you. Tool of the loser. Be a winner! Produce a substantive rebuttal.
NBC means born in the country. There is an abundance of information that supports that. There is no evidence that I have seen as of yet that it means anything else. The last thing we want is for the Supreme Court to involve itself in this.
They do if the RNC is involved which it must be. Otherwise it would have to risk the possibility of certifying that a candidate is eligible for office of potus when they are not.
The democrats solved the problem by having Nancy P delete the paragraph that said O was qualified.
In the past the congress has verified when requested that mc Cain and others were qualified. This time McConnell said NO
Since in a Texas interview TC has said a natural born citizen has two parents who are citizens and they are born on US soil he can not claim he is not aware which in a suit against him would make a conviction of Fraud a certainty.
Furthermore his college professor who he praised publicly before this issue arose said he was in the original intent camp in college
It is possible that TC has laid his political life on the alter for the love of the constitution. His situation mimics Os particularly if a Kenyan BC has been found In that case he would certainly be a hero and we are all watching a well directed and written piece of drama
like they settled abortion?
Cruz's issue arises because he was born in Canada, and at birth could have three countries claim him. Canada by natural and positive (act of parliament) law of Canada, the US only by positive (act of Congress) law of the US, and maybe Cuba by operation of positive law of Cuba.
If Cuba had a "citizen of one parent, born abroad" law, similar to the one in that operates in the US does, then Cuba's claim on Cruz was EXACTLY OF THE SAME NATURE as the US's claim, at the time of birth. Is Cruz a NBC of Cuba? Hardly.
Not of the US either.
How does he do that? Sue himself?
++++
Good question. If Cruz is the plaintiff then who is the defendant? I don’t think you can be both. If Cruz is the defendant, which is possible of course, then the plaintiff needs to claim personal damage to himself/herself. What would that damage be?
Why not? The worst it could do is endorse what is happening by neglect anyway. And it might well apply the rule it has applied for the last 200+ years.
I agree. It's not his job. The issue is out there, it should be out there, and it is Cruz's issue to resolve.
Cruz doesn't want it resolved, in court, on the merits, because he knows he will lose.
You can thank Cruz, Katyal, Clement, and a host of other legal celebrities for creating the confusion. Believe it or not, all of them are attempting to perpetrate fraud on you, on this maybe unimportant question of law.
Since abortion is not mentioned per se in the constitution it can be revisited in is case law Row vs Wade. Another case law brought to that level can reverse it. Many mistakenly think that congress has that power. It does not. The branches of the government are equal. Even in Roberts interpretation of Obamacare that became evident. As much as I hate it, Roberts recognized that it was only congress who had the power to overturn it. The court only had the authority to rule on the process.
When you consider all of the legal avenues here, what you find is that the "natural born citizen" requirement laid out in Article II of the Constitution is unenforceable except by: (1) the voters, (2) the Electors in the Electoral College, or (3) Congress.
There is no role for a Federal court in the matter, which is why they have consistently refrained from making any decisions in these matters.
P.S. -- For an interesting bit of research on this subject, check out the disputed 1824 election and the events surrounding it. Interestingly, one of the candidates in that election -- Henry Clay of Kentucky -- did not meet the strict constitutional definition of a "natural born citizen" posted repeatedly here on FreeRepublic, but ran anyway. And from what I can tell, it wasn't even an issue among his opponents.
Huckster should go play with his homosexual animal toe tying son.
Not joking.
There are two ways to argue cases
The first and most common is to argue case law
The second was barely covered in classed and only took a paragraph of text book my father explained when he was in class in the 40s. He used the Latin term for it
(Dad graduated at top of class and clerked in the federal courts. He even called the Bush/Gore case 100% weeks before it was settled stating vp p it would be decided on. He was a genius )
We followed the Obama cases every night. I’d print out latest material and he would read and instruct
I value his opinion and will take it over yours
Since the situations of Cruz and Obama may be identicle his opinion would be too
if Cruz doesn’t ask for the case to be dismissed
There you go. Use no civil procedure, file no motions simply submit the response and argue that he is an NBC and get a ruling on the eligibility question. This is such a great oppty for Cruz to put the matter to bed you will instantly know that even Cruz doesn’t think he’s eligible if he seeks dismissal using the ordinary stuff a legal team would do to dispose of this matter. Caveat - I suppose they could file motions and take an interlocutory appeal on those rulings if Cruz feels the judge is bad in the first place.
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