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Judge Nap: Cruz's American Citizenship Is Settled and Established
Fox ^ | 1/11/15 | Staff

Posted on 01/11/2016 8:53:37 AM PST by VinL

Donald Trump continues to raise the issue of Sen.Ted Cruz's (R-Texas) American citizenship.

In a Fox News Sunday interview (below), Trump argued that the Canadian-born senator must "get this problem solved" before potentially running against a Democrat in the fall and facing a lawsuit.

"Does 'natural-born' mean born to the land, meaning born on the land? In that case, he's not. But nobody knows what it means because it hasn't been adjudicated and it hasn't gone to the Supreme Court," said Trump.

On America's Newsroom this morning, Fox News senior judicial analyst Judge Andrew Napolitano said that Cruz's American citizenship is "well-settled and established" under a law that goes back 100 years.

Napolitano said Cruz's citizenship cannot be questioned, since his mother was an American citizen when he was born.

"A human being born in another country with at least one parent who is an American citizen, who lived in the United States for at least one year during the parent's life before the birth, is an American citizen. That is exactly Ted Cruz's situation. ... [He] is a natural-born American citizen," Napolitano explained.

He agreed with Martha MacCallum that the reason for bringing this up is "political," not legal, since many voters may not know the law.

Napolitano said Cruz could benefit from getting this cleared up now, rather than later. But he noted that Trump is correct that the Supreme Court has never reviewed the law "because the issue has never come up."

(Excerpt) Read more at insider.foxnews.com ...


TOPICS: Breaking News; Canada; Cuba; Front Page News; News/Current Events; US: Iowa; US: New York; US: Texas
KEYWORDS: 2016election; andrewnapolitano; canada; canadian; citizen; citizenship; cruz; cuba; election2016; foxnews; ineligible; iowa; judgenap; legal; naturalborncitizen; newyork; tedcruz; texas; trump
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To: VinL

Another idiotic TV lawyer:

“A human being born in another country with at least one parent who is an American citizen, who lived in the United States for at least one year during the parent’s life before the birth, is an American citizen. That is exactly Ted Cruz’s situation.”

Yes, so assuming that his mother was indeed a citizen at the time of his birth (her showing up on the early 1970’s Canadian voter rolls doesn’t help her case there), then it’s true that Ted Cruz is an American citizen and as such he is rightfully living and working in the U.S. and holding a United States Senate Office.

However, unless the Natural Born Citizenship Clause means nothing, being a “citizen” and being a “natural born citizen” are not the same thing, and the precise nature of the difference between the two is what is in question here. The SCOTUS should rule on it, but unfortunately, they won’t, they consider it a political question, best left to the voters.

As a voter, from what I’ve read, weighing the text, the background, and the intent, it seems reasonable to assume that a natural born citizen is someone born with an allegiance to one nation only, the United States, and no other. Ted Cruz was born a Canadian citizen, and as such, notwithstanding any subsequent attempts he might have made to renounce said citizenship, he is not a natural born citizen.


81 posted on 01/11/2016 9:23:18 AM PST by Behind the Blue Wall
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To: dem bums

He has an opinion. Dig deeper. He says it isn’t settled law.


82 posted on 01/11/2016 9:23:57 AM PST by RummyChick
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To: sickoflibs

He’s the world’s leading expert on litigation. He’s the world’s leading expert on investigations. He’s the world’s leading expert on Natural Born Citizen status. Is there anything Trump can’t do??


83 posted on 01/11/2016 9:24:01 AM PST by dem bums
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To: VinL
Judge Nap: Cruz's American Citizenship Is Settled and Established

It is not in dispute that Cruz is an American citizen.

84 posted on 01/11/2016 9:24:58 AM PST by Jim Noble (Diseases desperate grown Are by desperate appliance relieved Or not at al)
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To: grania

If Cruz is they are if they meet the residency requirements.


85 posted on 01/11/2016 9:25:07 AM PST by RummyChick
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To: RummyChick

The only reason he said it isn’t is because there has never been occasion to settle it.


86 posted on 01/11/2016 9:25:18 AM PST by dem bums
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To: VanDeKoik

Depends if Grace Kelly renounced her American citizenship or nor. If she didn’t then it looks like the Princes of Europe can become American President, just what the constitution sought to avoid. But if its good enough for Sen, Cruz, then its good enough for them. If its a-okay for some members on this board, then hey,,,,I’m just a Trumpette or something like that. I understand...


87 posted on 01/11/2016 9:25:35 AM PST by abigkahuna (Here now and whatever....)
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To: CatherineofAragon

Hey COA- Well, you’ll love the one that says Trump is a “constitutional scholar” and Nap is only a Judge!

Got to love those 3rd grade Trumpkins.


88 posted on 01/11/2016 9:25:41 AM PST by VinL (It is better to suffer every wrong, than to consent to wrong.)
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To: skeeter

FR is no longer a bastion for freedom and conservatism. It is now Trump Central - home of Circus Clowns. Logic, and witty (sometimes cutting) repertoire have been replaced with drooling and fawning.


89 posted on 01/11/2016 9:27:06 AM PST by Tzfat
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To: VinL

Judge Nap is sadly misinformed.


90 posted on 01/11/2016 9:27:10 AM PST by kabar
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To: CatherineofAragon
Exactly what I have been saying. I think it at least a possibility that they are both members of the muslim brotherhood.

And your problem with what I said is what? Cruz did vote to give the Islamic enemy agent from Kenya the power to bypass Congress to implement the obumber agenda. Is that not true?
91 posted on 01/11/2016 9:27:20 AM PST by JoSixChip
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To: VinL

Wait...Trump a...WHAT!?

RRRRRROTFL


92 posted on 01/11/2016 9:27:22 AM PST by CatherineofAragon ("Ted Cruz is the type of guy to swim across a moat with a knife in his teeth. He knows how to fight")
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To: dem bums
RE:"He's the world's leading expert on litigation. He's the world's leading expert on investigations. He's the world's leading expert on Natural Born Citizen status. Is there anything Trump can't do?? "

He's humble too. And compassionate.

That's why he is pulling for Ted to make it through this natural born thing.

93 posted on 01/11/2016 9:27:34 AM PST by sickoflibs (Donald Trump : 'It will be wonderful. It will be glorious., You will be amazed, Just wait"')
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To: CatherineofAragon

Whats amazing is these people probably admired Cruz a few months ago.


94 posted on 01/11/2016 9:27:54 AM PST by skeeter
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To: VinL
This has never been an honest question to anyone who can read the law on the books. Congress settled any controversy of what the law means.

Source:
http://www.freerepublic.com/focus/news/3060736/posts

"There's no ideological debate here: Harvard law professor Laurence Tribe and former solicitor general Ted Olson; who were on opposite sides in Bush v. Gore among other cases co-authored a memorandum in March 2008 detailing the above legal explanation in the context of John McCain's eligibility. Recall that McCain lately one of Cruz's chief antagonists was born to U.S. citizen parents serving on a military base in the Panama Canal Zone.

In other words, anyone who is a citizen at birth as opposed to someone who becomes a citizen later "naturalizes" or who isn't a citizen at all, can be president.

So the one remaining question is whether Ted Cruz was a citizen at birth. That's an easy one. The Nationality Act of 1940 outlines which children become "nationals and citizens of the United States at birth." In addition to those who are born in the United States or born outside the country to parents who were both citizens or, interestingly, found in the United States without parents and no proof of birth elsewhere; citizenship goes to babies born to one American parent who has spent a certain number of years here.

That single-parent requirement has been amended several times, but under the law in effect between 1952 and 1986; Cruz was born in 1970 someone must have a citizen parent who resided in the United States for at least 10 years, including five after the age of 14, in order to be considered a natural-born citizen. Cruz's mother, Eleanor Darragh, was born in Delaware, lived most of her life in the United States, and gave birth to little Rafael Edward Cruz in her 30s. Q.E.D.

95 posted on 01/11/2016 9:28:18 AM PST by Idaho_Cowboy (Ride for the Brand. Joshua 24:15)
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To: nikos1121

He also said that the Supreme would not hear the case unless there was a compelling reason like to declare someone eligible to run for office.
____________________________

We are not going to find out this cycle either because Cruz will not be the nominee. What have voters learned this cycle? The cowboy boot wearing, Texas senator was born in a foreign country. Many did not know that.


96 posted on 01/11/2016 9:28:24 AM PST by GeaugaRepublican (Angry yes, mad, no.)
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To: sickoflibs

YUUUUGE humility and compassion. The MOST humble and compassionate, really.

And benevolent. Why else would he be trying to help out his biggest rival in the race?


97 posted on 01/11/2016 9:29:01 AM PST by dem bums
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To: RummyChick

The reason I keep bringing up Charles Gordon is this:

He was a liberal.
He was a well respected Immigration Expert
He has a reasoned and well thought out opinion.

HOWEVER- he concedes it is not settled law and clouded in doubt.

This is what I have been saying for years.


98 posted on 01/11/2016 9:29:21 AM PST by RummyChick
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To: VinL
Certified Trump 3rd Grader- ignore.

You've been outgunned again I see. Maybe political debating is just not your thing.
99 posted on 01/11/2016 9:29:24 AM PST by JoSixChip
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To: ObozoMustGo2012

Oh he one upped that he said that Trump will start his own party because Republicans are so unfair to the Clintonista.


100 posted on 01/11/2016 9:30:11 AM PST by Boardwalk
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