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.
You cannot discount the fact that James Madison, architect of the 3 branches of govt, chaired a committee that took out the one and only definition we have ever seen for Natural Born Citizen. It was signed into law.
Trump was citing comments that Laurence Tribe—a high-profile liberal constitutional law professor at Harvard who taught both Cruz and President Barack Obama among other high profile figures—recently told ABC News that he does not believe the natural born citizen question is “settled law.â€
“I don’t agree that it’s ‘settled law,’†Tribe said. “The Supreme Court has never addressed the issue one way or the other, as I believe Ted ought to know.â€
Tribe added that he personally believes Cruz is eligible, but that doesn’t mean it’s “settled law.â€
“My own view as a constitutional scholar is that the better view — the one most consistent with the entire Constitution — is the broader definition, according to which Cruz would be eligible,†Tribe said, noting that he believes that a natural born citizen should include, as ABC News wrote, “anyone who is a U.S. citizen at birth and doesn’t need to be naturalized.â€
See S.2128 - 108th Congress: Natural Born Citizen Act
If this is what you mean by "settled," I'd hate to see an unsettled point of law.
Mr. NICKLES. Mr. President, as we take time to celebrate President's Day and remember the contributions of two of our greatest leaders George Washington and Abraham Lincoln, I rise along with my colleagues Senator Landrieu and Senator Inhofe to introduce legislation that will guarantee children born to and adopted by American citizens the opportunity to become this country's next great president. The purpose of this bill is to define the term "natural born Citizen" as used in Article II of the Constitution to include any person born in the United States, any person born outside the United States to citizen parents, and any foreign-born child adopted by citizen parents.Congressional Record: Page S1597, 108th Congress, 2nd Session, February 25, 2004For many decades legal scholars have debated the meaning of the term "natural born Citizen." There are many law review articles that examine the issue from every angle and come to several different conclusions. Some scholars, such as Pinkney G. McElwee in his article entitled Natural Born Citizen and Isidor Blum's article published in the New York Law School Journal, conclude that the term "natural born" is synonymous with "native born." Others, such as Charles Gordon in the Maryland Law Review and Warren Freedman in the Cornell Law Quarterly, decide that the definition of "natural born" includes all people who are citizens at birth. And these scholars disagree as to who is a citizen at birth.
The issue came to the public's attention when George Romney was seeking the Republican nomination for President in 1968. He was born of American missionary parents in Mexico. Some questioned his eligibility to be President under the Constitutional requirement that a President be a "natural born citizen." The issue was never decided since Mr. Romney did not become the Republican nominee. Although at least two Federal court decisions have suggested what the term "natural born citizen" means, the issue has never been squarely resolved by a court.
Today the question remains unanswered. This bill presents us with an historic opportunity. In this bill, we have the opportunity to end the uncertainty surrounding the qualifications for the presidency, and provide a fair and equal chance to children of American citizens to pursue their dreams.
There is obviously a need for clarification. ...
This bill suggests that Congress will find it has the power to define NBC, which I find plausible but unconsitutional. Wouldn't be the first or only unconsitutional law put into force.
If you read the the opinion you will see that they found McCain eligible thru both jus sanguinis and jus solis. This means that the the 300,000 children born annually to illegal aliens are eligible to be President. It also means the children born here of tourists visiting the US are eligible to be President.
In the same opinion they declared Obama was eligible to be President due to the fact he was born in Hawaii.
Based on the opinion, the Senate issued a non-binding resolution, S RES 511 that was co-sponsored by McCaskill, Obama, Clinton, Coburn, and Leahy. If it was settled law, why the need for the Resolution?
If it was settled law, why the controversy over the eligibility of Chester A. Arthur? It needs to be resolved. Cruz has already had his eligibility challenged to be on the ballot in NH, MD, FL, and VT.