To: 11th Commandment
I still think that Ted Cruz needs to get this issue resolved in court. If not, the Dems will do their utmost to damage him with it. It probably contributed to his narrow rather than large victory in Iowa.
To: No Dems 2016
“I still think that Ted Cruz needs to get this issue resolved in court. If not, the Dems will do their utmost to damage him with it. It probably contributed to his narrow rather than large victory in Iowa.”
YAWN...
83 posted on
02/02/2016 5:15:49 PM PST by
diamond6
(Behold this Heart which has so loved men!" Jesus to St. Margaret Mary)
To: No Dems 2016
"I still think that Ted Cruz needs to get this issue resolved in court.
If not, the Dems will do their utmost to damage him with it."
You wished!
< /sarc>
"An Un-Naturally Born Non-Controversy":
... The Constitution, federal law, and the historical understanding of the Framers, as well as prior British legal traditions and law, all support this view.
In a recent article in the Harvard Law Review, two former U.S. Solicitor Generals, Paul Clement (who served under President George W. Bush) and Neal Katyal (who served under President Barack Obama) stated:
All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning:namely, someone who was a U.S. citizen at birth
with no need to go through a naturalization proceeding at some later time.
And Congress has made equally clear from the time of the framing of the Constitution to the current day that,subject to certain residency requirements on the parents,
someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.
Thus, former California Gov. Arnold Schwarzenegger would not be eligible to run for presidentbecause the Austrian native had to go through the naturalization process to become a U.S. citizen.
Certainly the Framers of the Constitution held this view of “natural born” citizen.
They had a deep understanding of British common law and applied its precepts, particularly as explained in Blackstone’s Commentaries, throughout the Constitution.
The U.S. Supreme Court in Smith v. Alabama (1888) recognized that“the interpretation of the Constitution of the United States is necessarily influenced by the fact thatits provisions are framed in the language of the English common law,
and are to be read in the light of its history.”
Senator Cruz meets all three qualifications in the Constitution to be the president of the United States
if the American people make that choice.
One of those precepts of British law wasthat children born to British citizens anywhere in the world,even outside the dominions of the British Empire,
were “natural born” citizens of the Empire
who owed their allegiance to the Crown.
This historical understanding is explained in great detail by the Supreme Court in a well-known 1898 case, U.S. v. Wong Kim Ark.
The First Congress, which included many of the Framers of the Constitution, codified this view of a natural born citizen.
A mere three years after the Constitution was drafted, they passed the Naturalization Act of 1790,
which specified that the children of U.S. citizens born“out of the limits of the United States, shall be considered as natural born Citizens.”
The modern version of this Act is found at 8 U.S.C. §1401.
It contains a list of all individuals who are considered “nationals and citizens of the United States at birth.”
Paragraph (g) includes:
A person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien,
and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions
for a period or periods totaling not less than five years,at least two of which were after attaining the age of fourteen years.
Ted Cruz was born in Canada in 1970;
his mother, who was a U.S. citizen by birth from Delaware, was in her 30s at the time.
She met Cruz’s father, who was born in Cuba, as a student at Rice University.
These facts show thatCruz’s family background clearly meets the standard set out in the federal statute for being a natural born citizen who did not have to go through any naturalization process to become a citizen.;
That was also the case for Senator Barry Goldwater, who was born in Arizona before it became a state,
and Governor George Romney, who was born in Mexico.
The bottom line is that Senator Cruz meets all three qualifications in the Constitution to be the president of the United States if the American people make that choice.
The same is true of my wife, who was born in Manila.Her father, whose family had been in America since shortly after the Pilgrims got to Massachusetts,
was temporarily working abroad for an American company—just like Ted Cruz’s father.
My wife is not likely to run for president,
but there is no question that she—like Ted Cruz, Barry Goldwater, George Romney, and John McCain—is eligible to be president
and to swear an oath to “preserve, protect and defend the Constitution of the United States.”
92 posted on
02/02/2016 5:20:30 PM PST by
Yosemitest
(It's SIMPLE ! ... Fight, ... or Die !)
To: No Dems 2016
It would be grand wouldn't it.
but...
Whose voice would you listen to?
A liberal judge? — no. No matter what he said.
A conservative judge? — no. “He's not an authority”
A State supreme court? — no. “They aren't the supreme court of the United States.”
No, you'll only listen to a judge you agree with.
94 posted on
02/02/2016 5:21:24 PM PST by
Outlaw76
(Citizens on the Bounce!)
To: No Dems 2016
I know there are too many IFS in this question, but does anyone know, because I’m curious, IF Cruz (or Rubio) won the election to become President, and the day after the election or thereabouts, suit was brought claiming ineligibility, which could drag on past the January swearing in, who then would be the President? Would Obama get to stay in until a determination was made, and IF the suit was against Cruz (or Rubio), would the Presidency be awarded, eventually, to the runner up Republican with the highest votes. The worry is who would be President in the inerim? Cruz (or Rubio’s’) V.P. appointee? Or IF Cruz or Rubio was deemed illegal wouldn’t that exclude their choice for V.P. I would like to know what would be the possible scenario on something like this.
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