Posted on 03/13/2013 6:01:43 PM PDT by Fai Mao
On Mar. 8, reporter Carl Cameron on Special Report on Fox News Channel was surveying potential GOP 2016 presidential candidates. Then he raised Ted Cruz--one of the most brilliant constitutional lawyers ever to serve in the Senate--the new 41-year old Hispanic senator from Texas.
Cameron added, But Cruz was born in Canada and is constitutionally ineligible to run for president. While many people assume that, its probably not true.
Cameron was referring to the Constitutions Article II requirement that only a natural born citizen can run for the White House.
No one is certain what that means. Citizenship was primarily defined by each state when the Constitution was adopted. Federal citizenship wasnt clearly established until the Fourteenth Amendment was ratified in 1868. The Constitution is not clear whether it means you must be born on U.S. soil, or instead whether you must be born a U.S. citizen.
(Excerpt) Read more at breitbart.com ...
Oh, so now you're a critic, lol?
You might want to star contradicting yourself regarding history again. It's not your strong suit. Does the word "Civitas" ring any bells?
Was there an exception to them that we dont know about?
we know about it...try reading the Constitution
- Cicero, Marcus Tullius
Embassies have medical centers. And the birth would be prepared for well in advance.
Or did you think they went to the local 3rd world hospital down the street to have their baby?
I've heard every conceivable side of the argument, and the fallacies by those who claim natural born citizenship takes both birth on US soil and citizen parents are both numerous and well-documented.
Not that it matters for those who want to believe the theory. A lot of people will choose to believe whatever they think sounds good, whether it's true or not.
It's just disturbing to find it among conservatives.
your response does not deserve further discussion...
Blah, blah, blah.....ad infinitum.
It's pretty obvious that you didn't read the article, as evidenced by your utter lack of a substantive rebuttal.
I understand. Logic and reasoning tied to historical fact are tough to digest when you've already got your mind made up.
I'm done here, Jeff. You're welcome to your opinions.
Chip, chip ,chip. Bit by bit. The Constitution and the plain meaning thereof, are relegated to the memory of nobody.
Obviously a person born a US citizen is eligible. This was discussed regarding McCain who was born in the Panama Canal Zone. I thought Cruz was born a Canadian, obviously I was wrong. If he was born a US citizen he is eligible.
Some of these people think if George and Martha Washington crossed into Canada and she gave birth, their child would be rendered ineligible. Ridiculous.
Just having a good day on my timing.
I was just trying to stop the screaming
Holy crap ol' Pat that is some first class humor...lol!
Cruz was born in Canada to a Cuban father and a mother born and bred in the U.S. (Delaware). They were working in Canada for an oil company.
BY virtue of the U.S. citizenship of Cruz’s mother, he was born a U.S. citizen.
He could not have been born a Canadian citizen because according to Canadian law, in order to be born a citizen of Canada, at least one parent has to be a Canadian citizen (whether the child was born in Canada or in another country).
Well for now you can have one foreign parent and still be a natural born citizen. Until the court finally reaffirms what “NBC” means.
The article is long, and it contains multiple clear fallacies.
These fallacies lead to a conclusion which is astonishingly out of touch with reality. The author has obviously put a lot of thought into this long article, but it goes way off base and never gets back on track.
Here is the astonishingly-out-of-touch-with-reality conclusion:
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.
This is every bit as in touch with reality as proclaiming, "Therefore, the earth is flat."
Really. It is.
The law is absolutely settled in regard to those born on US soil. Unless they are the children of ambassadors, royalty, or an invading army, they are natural born citizens.
If you don't believe me, get on the phone and call any professor of Constitutional law at pretty much any university. Call Hillsdale College, for example, known as a preeminent conservative institution.
Just because "Sourcery" wrote it on the internet doesn't mean it's true.
It isn't. And I'll give you an immediate indication of WHY it isn't.
"Sourcery" makes up an entire THEORETICAL construct, and then tries to cram our history and law into it. In doing this, he makes up his own legal theory, which is NOT the theory that those in our history used.
Notice what his writing is long on. It's long on his theory of what "natural law" is. It's short on the evidence of what those in our history understood the natural law, and the common law that followed it, to be.
That's not the direction I went. I didn't start by creating my own legal theory, from ideas that I decided I liked. That's a great way to get it all completely wrong, which is exactly what Sourcery has done.
I started with THE ACTUAL HISTORY AND THE LAW, and found the legal theories that were actually USED by our Founding Fathers and those who came before them. Because that's the only way to get to the right conclusion.
I'm not even sure how many major fallacies there are in the paper. Maybe I will count them. Maybe I will write something that points out where Sourcery went wrong.
His paper really doesn't have anything new in it. The major fallacies have been around for a while.
But the paper is between 45 and 90 pages long. You can't expect an instant response.
Just because the Repubs lack the stones to challenge Obeyme on Constitutional Article II grounds doesn’t mean the Dems won’t......you can bet any Republican with Obeyme-like eligibility will be forcefully challenged.
As far as I can determine, nothing will come of the controversy regarding the eligibility of AKA- Barack Obama, POTUS.
Only the Supreme Court can settle this issue. I speak as a “Birther”, However, I am perplexed by your rigorous defense favoring eligibility.
I am curious, if you have such low esteem for rubes, like myself or other posters on Free Republic, why even bother?
I am not a challenging your examples or arguments, I couldn’t care less. Most of the posters at Free Republic commenting on this subject seemed to be concerned with an absent of an appropriate legal ruling from a high court.
What motivates you to be so interested in persuading those whom are conceivably, unpersuadable?
Really???? Historical evidence....lolololo
Why don’t you post the several USSC cases that define NBC as born in country to citizen parents?
You won’t because you’re chasing a troll agenda!
Back to the cornfield wit ya!
“precedent has been set and Cruz will be eligible.”
What precedent? Cruz was born in Canada, not America.
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