Your analysis is spot on. However, the reason why no court will ever take this on, is because to rule on Ted Cruz’s eligibility question would be to rule O ineligible. (Well- considering SCOTUS’s absurd obamacare decision with its tax/individual mandate provision, i suppose the court could theoretically twist themselves into more knots and greenlight his eligibility.)
Due to these treasonous prior actions, or lack thereof, our country is in a catch 22 regarding the rule of law. How does one go about reinstating the rule of law? I hope and pray that it is possible to do so peacefully.
This eligibility issue is a microcosm of the abuses our constitutional republic has suffered.
because to rule on Ted Cruz’s eligibility question would be to rule O ineligible. “
Is this b/c of the undisputed fact that obama’s dad is not a US citizen?
Or b/c of that undisputed fact together with the disputed fact that obama was born in Hawaii?
If you could elaborate, I’d be grateful. Thank you.
That's not true. In fact, if a credible challenge were to be lodged in court against Cruz (e.g., by Trump or another of the top-tier candidates), the basis for the challenge would be that Cruz was born out of the jurisdiction of the U.S.
The Fourteenth Amendment of the Constitution, in the declaration that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside, birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts. U.S. v. Wong Kim Ark 169 U.S. 649, 702, 702( 1898)
This analysis distinguishes between birth within the U.S. versus birth outside of it; parent status isn't in view here. Obama, having been born in the U.S., is a natural born citizen under the common law and the 14th Amendment. Cruz, having been born outside, would not be NBC.
Now, this is likely purely academic, as the chance a credible challenge to Cruz is lodged is slim to none, and, even if such occurs, the Courts are going to do their best to punt on the question. But in this hypothetical, moot court debate, the eligibility of Obama and Cruz are quite distinguishable.