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Donald Trump Ramps Up Attacks on Ted Cruz’s Eligibility
NY Times ^ | 1/9/16 | Trip Gabriel and Matt Flegenheimer

Posted on 01/09/2016 8:42:14 PM PST by randita

OTTUMWA, Iowa — Donald J. Trump sharply escalated his rhetoric about Senator Ted Cruz’s eligibility to be president on Saturday, suggesting that because he was born in Canada there were unanswered questions about whether he met the constitutional requirement to be a “natural-born citizen.’’

“You can’t have a person who’s running for office, even though Ted is very glib and he goes out and says ‘Well, I’m a natural-born citizen,’ but the point is you’re not,” Mr. Trump said while campaigning in Clear Lake, Iowa.

Mr. Cruz was born in Calgary, Canada, to an American mother, which automatically conferred American citizenship. Most legal experts agree that satisfies the requirement to be a “natural-born citizen,’’ a term that was not defined by the founders.

Mr. Trump, who began raising questions about Mr. Cruz’s ability to be president earlier in the week, said on Saturday that Mr. Cruz would have to go to court to get a “declaratory judgment” about his eligibility “or you have a candidate who just cannot run.’’ (Mr. Cruz could need a judgment if someone filed a lawsuit to challenge his candidacy and a court agreed to take up the question.)

With polls showing the race in Iowa tightening, and Mr. Cruz leading Mr. Trump by 4 percentage points in a Fox News poll released on Friday, Mr. Trump has returned to an issue that first gained him notoriety years ago when he challenged President Obama’s citizenship.

On Saturday night, before the final stop on a six-day bus tour of Iowa, Mr. Cruz said: “Under longstanding federal law, the child of a U.S. citizen born abroad is a natural-born citizen.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Breaking News; Canada; Government; News/Current Events; Politics/Elections; US: Iowa; US: New York; US: Texas
KEYWORDS: 2016election; calgary; canada; cruz; election2016; iowa; naturalborncitizen; newyork; primary; tedcruz; texas; trump
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To: John Valentine
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221 posted on 01/10/2016 3:29:28 PM PST by bushpilot2
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To: bushpilot2
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222 posted on 01/10/2016 3:31:07 PM PST by bushpilot2
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To: tallyhoe
Ill stay home!!!

I'm a Trump supporter. I'm sorry this hurt , but it was going to come out sooner or later. Don't hold it against Trump at the expense of letting Hillary be President. Try to see it as politics, plain and simple.

223 posted on 01/10/2016 3:35:42 PM PST by topfile
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To: AmericanVictory; John Valentine

How so? Why do you make such a conclusion?


224 posted on 01/10/2016 3:36:07 PM PST by WhiskeyX
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To: Cold Heat

“True only to the British Citizen. “

That is yet another totally false statement. A British Subject was a British national. A citizen of the United States and a national of the United States are both nationals as defined in the U.S. Code. The fundamental definition of nationalization remains the same as it was in 1608 and in 1541 England, See the Naturalization Act of 1541.


225 posted on 01/10/2016 3:41:11 PM PST by WhiskeyX
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To: Cold Heat

Type Correction:

“True only to the British Citizen. “

That is yet another totally false statement. A British Subject was a British national. A citizen of the United States and a national of the United States are both nationals as defined in the U.S. Code. The fundamental definition of naturalization remains the same as it was in 1608 and in 1541 England, See the Naturalization Act of 1541.


226 posted on 01/10/2016 3:42:30 PM PST by WhiskeyX
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To: bushpilot2
Justice Daniel referenced Vattel's page 101, the same page Professor Gilmore referenced.  photo image_zpsdlnbsabf.jpeg
227 posted on 01/10/2016 3:42:59 PM PST by bushpilot2
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To: patlin

I was going to respond to you differently, but after reading through what you wrote about Mark Levin...I see no point...since I hold him in high esteem & you, putting it mildly do not...


228 posted on 01/10/2016 3:46:50 PM PST by pookie18 (10 months until the general election...)
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To: butterdezillion

I’m not afraid of a ruling. I don’t believe that SCOTUS will take it up.


229 posted on 01/10/2016 3:51:19 PM PST by pookie18 (10 months until the general election...)
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To: WhiskeyX
Because neither of the two cases I mention actually involved the presidential eligibility clause. As it stands, the Great Pretender in the Oval Office got the same free pass that the late Edward Kennedy did in Hopfmann v. Connoly. Under the circumstances I do not believe Senator Cruz will get the same kind of free pass.
230 posted on 01/10/2016 3:51:27 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: WhiskeyX

Something else you may or may not consider.

Your argument, based on English and French writers, both of whom were quoted during our founding as in the Law Of Nations, by Vatel, only serve as influences to the Founders, not as the law of the land.

If we were to take your argument as 100% valid and correct, then we would need a SCOTUS decision or a written statute enacted into law that creates a third class of citizenship, where one is not natural born, not naturalized, but is a citizen of birth only, not requiring naturalization.

It follows then that Ted Cruz would be of this new category of citizenship as would numerous others, including one or two presidents, if I recall correctly.

But there is not a third category.....is there?

For your argument to have merit, there must be.

I suspect we will see this argument made and set aside for many more generations, should we actually survive the present one.

I have been alive long enough to see it made many times and usually if not entirely by the left wingers against conservatives. Last made against Romney, if I recall.

I find that Trumps use of this argument is telling, and it does not bode well for a Trump presidency that is expected by his supporters to save this country from the left.

“Very troubling”, as trump has said...so I take his own words and throw them back in his face...


231 posted on 01/10/2016 3:56:09 PM PST by Cold Heat
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To: Mollypitcher1

Evidently these constitutional authorities (of different ideologies) do not share your beliefs. Guess there won’t be a definite answer coming. Only SCOTUS could give such a decision, but I doubt they’d hear such a case & I have little trust in a handful of the politically-minded justices currently there.


232 posted on 01/10/2016 3:56:37 PM PST by pookie18 (10 months until the general election...)
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To: Cold Heat

I’ve seen that piece of shoddy works being cited dozens of times, and it remains unbelievable how anyone could entertain it as a serious work for one moment of time. For example, the authors state:

“Indeed, John Jay’s own children were born abroad while he served on diplomatic assignments, and it would be absurd to conclude that Jay proposed to exclude his own children, as foreigners of dubious loyalty, from presidential eligibility.”

Evidently these creatures at Harvard Law School never heard about the exception for diplomats and their families, which meant those children they are talking about were not born under the local duty of allegiance to the French Crown and were instead under the legal category of Foreigners. Being under the status of diplomats in the service of the United States, the children of John Jay retained their sole allegiance to the sovereignty of the United States of America, which was the fundamental purpose of the natural born citizen clause and its implementation.


233 posted on 01/10/2016 3:56:59 PM PST by WhiskeyX
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To: pookie18

The Federal government said in October 1896: Minor v Happersett defined a natural born citizen as born in the US to citizen parents.

It’s in their reply brief to SCOTUS. Wong Kim Ark


234 posted on 01/10/2016 3:57:44 PM PST by bushpilot2
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To: bushpilot2
Federal government' 1896 Wong Kim Ark reply brief:  photo image_zpsdrjy6zmb.png
235 posted on 01/10/2016 4:03:37 PM PST by bushpilot2
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To: bushpilot2

Is it worth the paper it’s written on? So, how did Barry Goldwater, George Romney & John McCain run for the presidency?


236 posted on 01/10/2016 4:04:08 PM PST by pookie18 (10 months until the general election...)
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To: pookie18

I tend to agree with you. The lack of intelligent thinking is quite evident here as well as the inability to recognize the powerful factors controlling the gentlemen selected to create a new form of government which the world had never seen before. The lack of seriousness and snarky attitude of certain FReepers is something I find astonishing. They may as well be for Hillery.
EVIDENCE means nothing, obviously.


237 posted on 01/10/2016 4:14:09 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: pookie18

Justice Gray said in Wong Kim Ark: the naturalization acts starting with 1790 a child born abroad must be born to American parents.

Parents who are citizens never meant one citizen parent.


238 posted on 01/10/2016 4:19:02 PM PST by bushpilot2
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To: John Valentine

But in 2016, that horse has been pronounced well and truly dead, and no amount of beating will revive her.
..............................................................
Was that the attitude of our Forefathers a Valley Forge?
They had been beaten and driven by the enemy, even from New York. They wintered at Valley Forge, freezing and without food, but they persevered and crossed the Delaware to soundly whip the enemy and found a new resolve to continue fighting to the bitter end. Voila, The United States of America.


239 posted on 01/10/2016 4:25:45 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Mollypitcher1
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240 posted on 01/10/2016 4:27:45 PM PST by bushpilot2
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