Posted on 01/07/2016 6:17:01 AM PST by Perdogg
Donald Trump’s comment Cruz may not be constitutionally eligible to be President of the United States has sparked discussion on the Constitution’s Natural Born Clause.
(Excerpt) Read more at breitbart.com ...
He was born to two american parents, McCain clearly meets the “Natural Born Citizen”
Obama doesn’t and neither does Cruz IMHO. Not that it matters, the constitution is ignored wholesale anymore.
That is what I have been thinking also.
Stir the pot and when the socialists dems bite, hit em with it.
“Cruz father was a resident of the U.S. for years before moving to Canada for his job.”
But he had become a Canadian citizen when Cruz was born.
Heck, Obama did that. It went nowhere then, it'll go nowhere now.
Please don't try to write legalese. It's painful.
An "appellant" is the losing party in a lower court who appeals the decision to a higher court. Trump's sister is not an appellant.
Trump's sister is a senior circuit judge on the fed 3rd Circuit Court of Appeals. All that means is that she took senior status after being an Art. III judge for a minimum of 15 years.
A difference that is no difference at all. No, Trump didn't say that Cruz was "constitutionally ineligible". But he implied it in the hopes that it would knock Cruz off message. And for all we know Trump actually believes it. He's said as much before.
Why should the Democrats do it when Trump is more than willing to do it for them?
Try again. Trump was questioning Cruz's eligibility back in March, before he had even announced. These were filed within the last month or so.
“A big difference the anti-Trump crowd will avoid.”
Fine. Let Trump publicly state that Cruz qualifies for President and he would have no trouble supporting him if he wins the nomination.
THEN I will avoid the obvious conclusion that Trump’s remarks were meant to torpedo Ted Cruz.
Until then, he has driven me firmly into the Cruz camp. I have no tolerance for someone who has said Hillary would make a great president attacking Cruz for being born in Canada.
For Cruz, If mom was a US citizen, he qualifies. If he never used his Canadian citizenship to get foreign status( like college loans or government benefits for foreigners), then he's OK. If we find he claimed to be Canadian to get bennies, he has a problem. One thing to look for would be his draft reg. If he registered, He put himself as an American. Foreigners don't have to register. If he considered himself Canadian, he wouldn't have. When and where did he get a SS#?
Either way, he's my guy until someone makes the case he thought of himself a Canadian all these years. For me, citizenship is a privilege for people that Think American. If he thinks Canadian, I don't want him or anyone of the other 12 million that just want the money and benefits. We have anchor babies that love America, and anchor babies that fly the Mexican flag and say we are Atzlan. If Ted was born in Canada and thinks American, that's fine with me. Legally, the way it is now, we could elect a person that doesn't even speak English and burns the America flag on the WH lawn. by 2050, this will be a real problem. If Cruz passes the "David Barton" test, that's good enough for me. Laws can be used to help or defeat America. Disqualifying Cruz by some technicality would be a shame when Obama has made a mockery of our Constitution as it is. I know the flames are coming from all the internet FR lawyers, but picking legal lint out of our collective navel's has gotten us where we are today. Everything is decided in the SCOTUS and Western Christian values are being buried by "living documents", and legal trivia. If we don't start to pick leaders that are Christians and steeped in "American" values, America is finished. American Values aren't butchering babies and selling their body parts. American Values aren't destroying 5000 years of law by legalizing sodomy. We prayed in public for 200 years when we were told we no longer could. The Bible was taught in public school until the 50's and 60's. They want to destroy the second Amendment, 5th Amendment, 1st Amendment, heck they want to do away with all of it as long as they get to rewrite it.
Truth be known, we are already finished and it was done with so called Natural Born Citizens. Jesus said, "You will know them by their fruit." Every jot and tittle of the law doen't make you a citizen in my mind. Would you rather have Cruz, born to an American mother, or John Kerry who thinks of himself as French?
What's responsible is for Trump not to raise this nonsense at all. But since he wants a declaratory decision then sue Cruz and request one in court. Oh wait. There's that whole standing issue. Never mind.
“Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President.”
No, it certainly does not. All natural born citizens of the United States are U.S. citizens, but not all U.S. citizens are natural born citizens. You keep confusing the two as being the same, when they are not and never can be the same or interchangeable due to the meaning of the words, particularly the word, natural.
A person who obtains U.S. citizenship by application to the U.S. Department of States requesting recognition of the election to accept U.S. citizenship at birth does so by the authority of the statutory laws in the U.S. Code, and the U.S. Code is manmade law and artificial law. It is not what is known as natural law. Because this U.S. citizenship is obtained retroactively to the date and time of birth by the operation of artificial law, it can also be revoked by artificial law, and it has been revoked in some past cases due to conflicting claims of citizenship and allegiance. Foreign born U.S. citizens are treated the same as if they were actual natural born citizens in most respects, but not with respect to the authority for their citizenship, the liability to revocation of the citizenship by artificial law, their potential for conflict of allegiance when a foreign sovereign can claim jurisdiction over the person, and the fact of not being an actual natural born citizen with two U.S. citizen parents and birth in the United States.
By contrast, an actual natural born citizen has no possibility of being born with a foreign citizenship, because the parents are both U.S. citizens (jus sanguinis) and the birth takes place in the United States (jus soli). Such a person’s U.S. citizenship at birth is described as natural born citizenship because no manmade or artificial statutory law is required to confer U.S. citizenship on the person. The person is a natural born citizen because the law of nature instead of the law of man has determined the person is a citizen in the sovereign jurisdiction of the United States. While a foreign born U.S. citizen can have that U.S. citizenship at birth revoked by artificial statutory law, the natural birth of a U.S. citizen with U.S. citizen parents in the United States cannot have that U.S. citizenship at birth become revoked by artificial statutory law. Any attempt to do so creates a stateless person, and domestic and international law does not recognize the revocation of a natural born citizenship at birth.
These principals of law and citizenship have been in use and are based upon the works of American, English, French, Dutch, German, Swiss, and other jurists going back to the 18th to 14th Centuries in the near term, and their antecedents go back to the ancient civilizations of Rome, Greece, and earlier. The distinctions between being an actual natural born citizen and being treated in some and not all respects as a natural born citizen were the subject of the judiciary in the 17th Century discussing laws and cases back to the Norman conquest and the questions of citizenship it caused.
AZ wasn’t a state when Goldwater was born there, McCain was born in Panama and nobody knows for sure where obozo was born or who his father was. I think ample precedent has been set to make the point moot in Cruz’s case. His mom was a US citizen so that’s probably as good as it’s going to get.
I love that this has come up, and I think (and hope) Cruz can overcome it. Meanwhile, WHY does this not revertebrate against the fraud in the White House...and force Obummer to put up and shut up, and vacate our White House.
And I don’t think Cruz, himself, is actually 100% confident of his citizenship as I have read he has had all his documents relating to his citizenship sealed. (Shades of Obummer).
Ooopd...reverberate.
Oooops again...it is ooops.
Re:”he has driven me firmly into the Cruz camp. I have no tolerance for someone who has said Hillary would make a great president attacking Cruz for being born in Canada.”
Welcome, welcome, welcome.
You are going to fit in well and be appreciated.
You obviously have principles and are most likely not alone.
I would not be surprised to see more folks enjoin your act of character after seeing how trump uses the media (whom he disdains) to fight his fights. Who saw that coming, huh? Trump hated the media before he befriended them. He was a democrat before he was a republican. He never golfed with Samuel Jackson before suddenly remembering he had. He saw thousands and thousands of moslems celebrating 9/11 when no one else did. Is there a pattern here? He is just an opportunistic narcissist who bullies others to get his way. Unfortunately there are folks here that fall in line behind him like the Pied Piper with every insult, foul mouthed diatribe and facial expression. He speaks to them on their level.
SO, your thesis conclusion echo’d
Jabba-the-Moore’s “we are all...???...ummm...citizens of the world!
(yeah, that’s the ticket! Citizens of THE WORLD)
[snicker]
Can we maybe understand that Trump ^could be^ telling Cruz that the “opposition” may want to use his origination records against him?
Is Trump telling Cruz to CYA?
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