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To: Cincinatus' Wife; LucyT
I have dealt with this issue in several previous iterations and have been paid for legal opinions for how it applies--actually the first legal work for which I ever got paid was a memorandum of authorities on the issue I wrote when I was on the editorial board of my law school. I am admitted to practice before the Supreme Court of the United States and would welcome the opportunity to argue the case on any one of the various possible sides.

And I will also admit my own bias which is to prefer Cruz as President.

That said, the uncertainty involved in the issue as far as Cruz is concerned is sufficiently significant that in my view, Cruz should engage the issue directly.

I know that an effort is already in process to arrange membership on convention Credentials and Rules committees to prevent nomination of Cruz on Natural Born Citizen grounds--deny Credentials to delegates who are committed to vote for him; adopt rules preventing nomination of individuals who are not born in the Geographical Territory of the several states.

The bottom line on the Technical is that it is legally uncertain whether or not Cruz would be held eligible under Article II Sec. 1 by the U S Supreme Court if the issue ever reached the Court.

Among Constitutional Lawyers, the bar is divided between those who are of the opinion that the clause requires birth in the Geographical Territory of the United States and those who believe that persons who are Citizens of the United States at birth under then applicable Citizenship Law are also eligible.

None of the authorities you site; none of the editorial views expressed; none of the published analysis is controlling. The issue would be decided by the Supreme Court on purely political grounds as they exist when the issue reaches the Court. The outcome is not conclusively predictable.

The issue about parentage and personal history is bogus except to the extent it is relevant under the citizenship statutes.

The current state of the assumed law on the topic reflects movement by the sophisticated bar. Prior to 2000, the bar was of the strong view that birth in the sovereign territory of the United States was required. That view has moved in the direction of citizenship at birth. Frankly, I believe the movement is the result of the widespread knowledge that the current occupant of the White House was born outside the United States.

For the most part, the Constitutional Bar is made up of Liberals whose principles, if any, are sufficiently flexible to accommodate their interest in a specific result.

However, the uncertainty involved works against the Cruz interest to a significant degree--I doubt that he is going to get the nomination unless the issue gets resolved.

Frankly, given Senator Cruz's high level of sophistication on Constitutional Law issues, I am disappointed that he has not advanced a plan to get it resolved earlier.

70 posted on 01/19/2016 10:36:02 AM PST by David
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To: David
Frankly, given Senator Cruz's high level of sophistication on Constitutional Law issues,
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I, too, am disappointed. Would a true conservative jeopardize the nation is such a manner? Surely he **knows** that the Marxo-Demo-Proggies will use his questionable eligibility at an optimal time to inflict maximum damage on the Republicans.

Cruz's actions are the behavior of an ambitious opportunist and weasel.

Does Cruz seriously believe that the Founders would consider a person Natural Born who was born in a foreign country, lived there several years, did not renounce his foreign citizenship until the moment he chose to run for president,was born to an American woman who **voted** in foreign elections, and whose father was Cuban?

Unbelievable!

93 posted on 01/19/2016 1:22:29 PM PST by wintertime (Stop treating government teachers like they are reincarnated Mother Teresas!)
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To: The_Reader_David

Ping to an interesting post


189 posted on 01/21/2016 3:13:11 PM PST by Albion Wilde (Who can actually defeat the Democrats in 2016? -- the most important thing about all candidates.)
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To: David; null and void; Velveeta; Rushmore Rocks; Oorang; Myrddin; sweetiepiezer; frog in a pot; ...
*

However, the uncertainty involved works against the Cruz interest to a significant degree--I doubt that he is going to get the nomination unless the issue gets resolved.

Frankly, given Senator Cruz's high level of sophistication on Constitutional Law issues, I am disappointed that he has not advanced a plan to get it resolved earlier.

211 posted on 01/22/2016 11:35:27 AM PST by LucyT
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