To: Cincinatus' Wife
Out of curiosity, who has the power to declare whether Cruz is eligible to run, or not? Is it Congress, the Supreme Court...or who?
10 posted on
01/10/2016 2:31:58 AM PST by
Cowboy Bob
(With Trump & Cruz, America can't lose!)
To: Cowboy Bob
Our Founding Fathers did, back in 1790.
1st United States Congress, 21-26 Senators and 59-65 Representatives
As
Hans von Spakovsky wrote in his Commentary
"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.”
The Naturalization Act of 1790, let's read it , too ( even though it DOES NOT APPLY) !
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,That any Alien being a free white person,who shall have resided within the limits and under the jurisdiction of the United States for the term of two years,
may be admitted to become a citizen thereof on application to any common law Court of record in any one of the Stateswherein he shall have resided for the term of one year at least,
and making proof to the satisfaction of such Court thathe is a person of good character,
and taking the oath or affirmation prescribed by lawto support the Constitution of the United States,
which Oath or Affirmation such Court shall administer,
and the Clerk of such Court shall record such Application, and the proceedings thereon;
and thereupon such person shall be considered as a Citizen of the United States.
And the children of such person so naturalized,dwelling within the United States,
being under the age of twenty one years at the time of such naturalization,
shall also be considered as citizens of the United States.
And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States,shall be considered as natural born Citizens: Provided, thatthe right of citizenship shall not descend to persons whose fathers have never been resident in the United States:
Provided also, thatno person heretofore proscribed by any States, shall be admitted a citizen as aforesaid,except by an Act of the Legislature of the State in which such person was proscribed.
17 posted on
01/10/2016 2:37:41 AM PST by
Yosemitest
(It's SIMPLE ! ... Fight, ... or Die !)
To: Cowboy Bob
“Out of curiosity, who has the power to declare whether Cruz is eligible to run, or not? Is it Congress, the Supreme Court...or who?”
My opinion on that is that it’s up to the voters and the electors in the electoral college. That’s why I always thought the Obama ineligibility issue was a loser.
BTW, The Constitution nowhere says the Supreme Court is the final arbiter of all Constitutional questions. That’s a power the supremes have arrogated to themselves over the years. Nothing in the Constitution gives Congress the power to make that decision (unless the election gets thrown into the House for decision).
To: Cowboy Bob; LucyT; Nachum; 2ndDivisionVet
Out of curiosity, who has the power to declare whether Cruz is eligible to run, or not? Is it Congress, the Supreme Court...or who?>>>>>>>>>>>>>>>>>>>
The law is fairly settled on the issue. Cruz has no legal problem, he has a politial problem because the dem legal machine can hobble his candidacy if Cruz wins the nomination.That Dem legal machine is the same one that ended the career of Republican Congressional whip Tom DeLay ( the Hammer) in Texas.
This is serious, the Dems know Hitlery will lose, and the Dems want Rubio to be the only man left standing.
Trump will also be attacked by the Dem legal machine for something like the civil rights abuse of racial minorities under the voting rights act or some such.
Its a measure of Trumps intel that Trump already knows the Dem legal attack is coming.It will seek to hobble Cruz if he wins the nomination. Trump is right. Cruz needs to take care of it now by having a pronouncement made by the
federal election commission, just like Obama did back in 2006.Trump is not a bad guy, he is actually trying to help Cruz while being his opponent.There is a bit of chivalry there.Trump has Cruz beat, perhaps not in Iowa, but he has Cruz beat like a drum every where else. IMHO Trump wants Cruz as his VP or his AG.
103 posted on
01/10/2016 4:36:04 AM PST by
Candor7
( Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
To: Cowboy Bob
"who has the power to declare whether Cruz is eligible to run, or not?"Cruz IS eligible to run. Only the Supreme Court has the power to take that away from him.
121 posted on
01/10/2016 5:06:35 AM PST by
norwaypinesavage
(The Stone Age did not end because we ran out of stones)
To: Cowboy Bob
There is no compelling authority. This will never be settled because, by US Law, no one will have standing to bring a law suit.
Current law says a person born to a US citizen outside the USA is a citizen. By current law there are only two types of citizen, natural and naturalized.
The only instances of Natural Born Citizen brought up were by the Founders. Many of the good things they figured into the Constitution required and assumed that only honorable persons would be elected.
The birther conundrum with nobama centered on the law at that time relating to his underage mother not being able to confer citizenship if he were born outside the USA. Thus their dire need to cook up a fake Hawaii birthing.
217 posted on
01/10/2016 8:50:12 AM PST by
X-spurt
(CRUZ missile - armed and ready.)
To: Cowboy Bob
"Is it Congress, the Supreme Court...or who?"
Before Marbury v Madison it would have been the Congress and/or the States.
The current de facto situation is that the Federal Courts are the ultimate arbiter, up to USSC.
If a state refuses to put him on the ballot, it goes directly to the USSC under "Original Jurisdiction".
270 posted on
01/10/2016 2:34:22 PM PST by
Mariner
(War Criminal #18 - Be The Leaderless Resistance)
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