People that demand their Constitutional right to bear arms are derided by some as gun nuts.
People that demand their Constitutional right to a natural born President are derided by some as birthers.
Anyone that derides someone for claiming their God given Constitutional rights is a disgusting, Constitution hating, liberal.
My nightmare scenario: Cruz vs. Hillary Hillary indicted, Cruz ineligible Obama forever
The U.S. is a by blood nation and not a by soil nation like others (Canada). Kings did by soil. Born on their soil, they own you (subject). The founders rejected that and made natural born citizenship a blood thing. It doesn’t matter where you are born, it matters who are your parents. In the early days it was just the blood of the father. Later it could also be the blood of the mother with stipulations on her age, etc. Cruz passes this test. Obama does not. Remember it is not where you are born but who your parents are. Obama’s mother could not pass on her citizenship at the time Obama was born. And since I bet that he was never naturalized, he is not even a citizen. Since this also blows up the whole anchor baby issue, the dems will fight tooth and nail against it.
This is bull donkey.
Has been decide in multi courts, I don’t give a rip if you like it or not.....Cruz is NBC
14th Amendment, Section 1. All persons born or naturalized, “IN” the United States, and subject to the jurisdiction thereof, are citizens of the United States.
Elk v. Wilkins (1884)
The distinction between citizenship by birth and citizenship by naturalization is clearly marked in the provisions of the Constitution, by which...
No person, except a natural born citizen or a citizen of the United States at the time of the adoption of this Constitution shall be eligible to the office of President, and The Congress shall have power to establish an uniform rule of naturalization. Constitution, Article II, Section 1; Article I, Section 8. By the Thirteenth Amendment of the Constitution, slavery was prohibited. The main object of the opening sentence of the Fourteenth Amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this Court, as to the citizenship of free negroes ( 60 U. S. 73; Strauder v. West Virginia,@ 100 U. S. 303, 100 U. S. 306.)...
This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are all persons born or naturalized in the United States, and subject to the jurisdiction thereof.; The evident meaning of these last words is not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards except by being naturalized...
Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization and that Congress shall have power to establish a uniform rule of naturalization....
[t]he phrase, subject to its jurisdiction was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.
Justice Steven Field, joined by Chief Justice Chase and Justices Swayne and Bradley in dissent from the principal holding of the case, likewise acknowledged that the clause was designed to remove any doubts about the constitutionality of the 1866 Civil Rights Act, which provided that all persons born in the United States were as a result citizens both of the United States and of the state in which they resided, provided they were not at the time subjects of any foreign power.
The U.S. Supreme Court has "clearly, unambiguously made the distinction between natural-born and a naturalized citizen, Elliott argued."No they didn't," [the judge] Pellegrini replied. ...
In the end, Elliott lost his case. Later in the day, Pellegrini issued an order leaving Cruz on the ballot, finding legal and statutory history that shows that a "natural born citizen" includes any person who is a U.S. citizen from birth.
Interesting that the judge finds "naturalized" and "natural born" to not be mutually exclusive.
Neither Congress nor the Electoral College decide questions of law.
He argues that the courts cannot settle this case? What issue have the courts EVER declared to be entirely within the realm of Congress? Only this one, hmmmmm.... 2D, Cruz was born in Canada... Get it?
Ted Cruz destroying the meaning of our constitution to further his political career. While all the so called “principled conservatives” cheer him on.
The court delivers a body blow to the birthers and they now pretend that it never happened. The judge applied the law, so they could challenge law if they wish. It won’t go well for them.
Sources tell KDKA's Jon Delano that Senior Judge Dan Pellegrini of Pittsburgh will be the judge. Whatever the outcome, an appeal to the state Supreme Court seems likely in the case.Pa. Attorney Challenging Ted Cruz's Right To Run In State's Republican Primary - CBS Pittsburgh - Feb 24, 2016
“In the end, Elliott lost his case. Later in the day, Pellegrini issued an order leaving Cruz on the ballot, finding legal and statutory history that shows that a “natural born citizen” includes any person who is a U.S. citizen from birth.”
So, it’s over?
Another nonsense birther case to be tossed out.
Note the reference to Natural Law in the first sentence of our Declaration of Independence.
It is crystal clear that the Founding Fathers used the Natural Law definition of 'natural born Citizen' when they wrote Article II. By invoking "The Laws of Nature and Nature's God" the 56 signers of the Declaration incorporated a legal standard of freedom into the forms of government that would follow.
President John Quincy Adams, writing in 1839, looked back at the founding period and recognized the true meaning of the Declaration's reliance on the "Laws of Nature and of Nature's God." He observed that the American people's "charter was the Declaration of Independence. Their rights, the natural rights of mankind. Their government, such as should be instituted by the people, under the solemn mutual pledges of perpetual union, founded on the self-evident truth's proclaimed in the Declaration."
The Constitution, Vattel, and Natural Born Citizen: What Our Framers Knew
The Laws of Nature and of Nature's God: The True Foundation of American Law
The Supreme Court of the United States has never applied the term natural born citizen to any other category than those born in the country of parents who are citizens thereof.
Neither the 14th Amendment nor Wong Kim Ark make one a Natural Born Citizen
The Harvard Law Review Article Taken Apart Piece by Piece and Utterly Destroyed
Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same
"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.
A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789
The Law of Nations or the Principles of Natural Law (1758)
The Laws of Nature and of Nature's God: The True Foundation of American Law
The Biggest Cover-up in American History
Supreme Court cases that cite natural born Citizen as one born on U.S. soil to citizen parents:
The Venus, 12 U.S. 8 Cranch 253 253 (1814)
Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.
Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)
Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.
Dred Scott v. Sandford, 60 U.S. 393 (1857)
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.' Again: 'I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .
Minor v. Happersett , 88 U.S. 162 (1875)
The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.
United States v. Wong Kim Ark, 169 U.S. 649 (1898)
At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
Perkins v. Elg, 307 U.S. 325 (1939),
Was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties." Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a "natural born Citizen of the United States" because she was born in the USA to two naturalized U.S. Citizens.
But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg 'solely on the ground that she had lost her native born American citizenship.' The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."
The Supreme Court of the United States has never applied the term natural born citizen to any other category than those born in the country of parents who are citizens thereof.
Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same
"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.
A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789
The Law of Nations or the Principles of Natural Law (1758)
The Laws of Nature and of Nature's God: The True Foundation of American Law
The Biggest Cover-up in American History
Mark Levin Attacks Birthers: Admits He Hasn't Studied Issue; Declares Canadian-Born Cruz Eligible
Not much information exists on why the Third Congress (under the lead of James Madison and the approval of George Washington) deleted "natural born" from the Naturalization Act of 1790 when it passed the Naturalization Act of 1795. There is virtually no information on the subject because they probably realized that the First Congress committed errors when it passed the Naturalization Act of 1790 and did not want to create a record of the errors.
It can be reasonably argued that Congress realized that under Article I, Section 8 of the Constitution, Congress is given the power to make uniform laws on naturalization and that this power did not include the power to decide who is included or excluded from being a presidential Article II "natural born Citizen." While Congress has passed throughout United States history many statutes declaring who shall be considered nationals and citizens of the United States at birth and thereby exempting such persons from having to be naturalized under naturalization laws, at no time except by way of the short-lived "natural born" phrase in Naturalization Act of 1790 did it ever declare these persons to be "natural born Citizens."
The uniform definition of "natural born Citizen" was already provided by the law of nations and was already settled. The Framers therefore saw no need nor did they give Congress the power to tinker with that definition. Believing that Congress was highly vulnerable to foreign influence and intrigue, the Framers, who wanted to keep such influence out of the presidency, did not trust Congress when it came to who would be President, and would not have given Congress the power to decide who shall be President by allowing it to define what an Article II "natural born Citizen " is.
Additionally, the 1790 act was a naturalization act. How could a naturalization act make anyone an Article II "natural born Citizen?" After all, a "natural born Citizen" was made by nature at the time of birth and could not be so made by any law of man.
Natural Born Citizen Through the Eyes of Early Congresses
Harvard Law Review Article FAILS to Establish Ted Cruz as Natural Born Citizen
Watch: Mark Levin declares Ted Cruz a "Naturalized Citizen"
Mark Levin Attacks Birthers: Admits He Hasn't Studied Issue; Declares Canadian-Born Cruz Eligible
The settled law of the land is that the US President must be a natural born citizen, and that to be a natural born citizen, you must have been born in the United States to parents both of whom were US citizens when you were born.
You may disagree with the goal of the Constitutional Convention, and/or with the means they chose to achieve it. But it's not a technicality, not an anachronism no longer relevant in modern times, nor is it racist. Especially in modern times, it enables persons of any race or ethnic heritage to become President. And it's what the Constitution requires.
You may also disagree with binding precedent regarding the meaning of "natural born citizen" as established in Minor. But in our system, the Constitution, and the Supreme Court's interpretation of it, are the "supreme law of the land." And if one faction gets to disregard the Constitution and/or the Supreme Court because they disagree, then that sets a precedent where all other factions can do the same.
Article II of the U.S. Constitution says: "No person except a natural born citizen, or a citizen of the United States shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resident within the United States."
The author left out a key phrase in Article II (in bold):
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
The dishonesty of the media is blatant and treasonous.
What’s the score for these nonsense legal cases? I think its around:
Senator Cruz: 4
Birther Fever Swamp: 0