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 ...
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.
He has an opinion. Dig deeper. He says it isn’t settled law.
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??
It is not in dispute that Cruz is an American citizen.
If Cruz is they are if they meet the residency requirements.
The only reason he said it isn’t is because there has never been occasion to settle it.
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...
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.
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.
Judge Nap is sadly misinformed.
Wait...Trump a...WHAT!?
RRRRRROTFL
He's humble too. And compassionate.
That's why he is pulling for Ted to make it through this natural born thing.
Whats amazing is these people probably admired Cruz a few months ago.
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.
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.
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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.
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?
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.
Oh he one upped that he said that Trump will start his own party because Republicans are so unfair to the Clintonista.
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