WaPo (Op-Ed): Ted Cruz Not Eligible

Washington Post ^ | January 12, 2016 | Mary Brigid McManamon

[Behind the Blue Wall]

Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.

The Constitution provides that "No person except a natural born citizen . . . shall be eligible to the office of President." The concept of "natural born" comes from the common law, and it is that law the Supreme Court has said we must turn to for the concept's definition. On this subject, the common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are "such as are born within the dominions of the crown of England," while aliens are "such as are born out of it."

. . .

Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator's parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth.

[Mollypitcher1]

You use English Common Law for that interpretation of ‘Natural Born’.
..................................................
I do not. Vattel is my source as it was of the Framers.

[itsahoot]

He's always had American citizenship.

Not unless he filed the proper papers with either the Consulate or the proper government agency in the US.

[Gandalf the Mauve]

ARTICLE II, SECTION 1, CLAUSE 5 No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident.
.
Bottom line: Cruz is eligible.

Cruz was a citizen at the time of the adoption of the Constitution? What's his secret? Is he a vampire? Did he get frozen in a block of ice and only recently thawed out? Does he have a really really old-looking portrait of himself stashed away somewhere?

[Mollypitcher1]

The 14th Amendment was about bestowing citizenship on former slaves. Nothing else. It did not even cover the “Indians.”

[Right_in_Virginia]

Well said!

[DoodleDawg]

Actually, the best solution (avoiding the court's reluctance to deal with questions that belong to the political sphere) would be for Cruz to get a Congressional resolution similar to that unanimously voted for McCain. Since Congress is ultimately the authority in charge of accepting the Electoral College vote, that should settle matters.

McConnell has already nixed that idea: Link

[Faith Presses On]

From the Dallas Morning News in a story about Cruz having dual citizenship:

“Senator Cruz became a U.S. citizen at birth, and he never had to go through a naturalization process after birth to become a U.S. citizen,” said spokeswoman Catherine Frazier. “To our knowledge, he never had Canadian citizenship.”

The U.S. Constitution allows only a “natural born” American citizen to serve as president. Most legal scholars who have studied the question agree that includes an American born overseas to an American parent, such as Cruz.

(snip)

“Her status made the baby a U.S. citizen at birth. For that, U.S. law required at least one parent who was a U.S. citizen who had lived for at least a decade in the United States.

“She registered his birth with the U.S. consulate, Frazier said, and the future senator received a U.S. passport in 1986 ahead of a high school trip to England.”

http://www.dallasnews.com/news/politics/headlines/20130818-ted-cruz-born-a-citizen-of-canada-under-the-countrys-immigration-rules.ece

[DoodleDawg]

It is NOT up to the populace to decide who is and who isn't eligible as we are/should be a nation of laws.

And the law says he is eligible.

[itsahoot]

Was the term "natural born citizen" defined in the Constitution?

Well in a fashion they did, because the other citizen classes were defined and this one wasn't. That tells you it is not like the others because they specifically called it different and applied it to only one office. Logic should tell you it was special but I guess that would depend on your agenda.

Natural Born Citizen does not mean a citizen not naturalized or the Founders being more than marginally literate probably would have been able to find a way to say they were the same thing.

Thanks for playing but I said I was through with this rabbit hole until after the first two state primaries, by then I doubt it will matter, if it still matters then prepare to defend against the democrats and probably a few corrupt judges.

[Yosemitest]

"And Ark?!? Really ? LOL!!!!"

Okay, WHAT MEDs has the Doctor got you on ?
And WHEN'S the LAST TIME you had your VISION checked ?

[Faith Presses On]

I was responding to someone on their claim that Cruz’s Canadian citizenship would give him allegiance to that country.

And no, the “natural-born citizen” requirement isn’t just like the age requirement. What 35 years of age means is clear, while “natural born citizen” wasn’t defined as the Constitution writers passed up on defining it.

I have to say I wonder if there are Trump supporters here just trying to knock off Cruz with this. I support both of them, and I also have to say, this is just preposterous and counterproductive. Hillary Clinton must be happy today.

If I thought there really was anything substantial to this, I would say so. And if something else emerges to change the picture, I would and will also say so. But at this point, it’s like people arguing that something, because it’s a fact, somehow must disqualify him. Yes, he was born in Canada, as an American citizen, but at this point I don’t at all sees how what the Constitution actually says disqualifies him, or was ever meant to.

[cloudmountain]

Lol.
You must be Gandalf the Blind. Read the Constitution and stop being silly. The amendment allows Cruz to run. Get over it or get a color more suited to your male name.

[Behind the Blue Wall]

I’m sure there’s some truth to the claim that this is just a political attack, but for me it does actually go much deeper. I am a firm believer in the Constitution and the rule of law and although it’s an admittedly murky issue to define, at the same time it involves the highest levels of our government. Furthermore I happen to also believe that a big part of the problems we face derive from people at the highest levels of government with divided loyalties. Enforcing this one rule passed down to us from the Founders is then a key part of everything that’s important to me in politics.

[cloudmountain]

Well, Cruz is running so that shows how YOU misread the words of the Constitution.
If he were ineligible he wouldn't be allowed to run. So, all this fuss and furor is moot.

Go tell your woes to someone who can DO something about it. It doesn't do any good to vent here for what is a DONE DEAL.

[cloudmountain]

KSA = The Kingdom of Saudi Arabia

[hoosiermama]

From this link
http://www.newswithviews.com/JBWilliams/williams300.htm

Xxxxx
In a campaign interview during his freshman senate race, a GOP Texas State Committee member sat down with the young candidate to ask a few poignant vetting questions, and here are the questions and answers from that interview… (Redacted information is to protect the witness at this moment, but the witness is willing to offer sworn testimony)

Interviewer: “Hello Mr. Cruz, it’s a pleasure to meet you. My name is (redacted). I am a (redacted) County GOP Precinct Chair and you have my support and vote. I have one question for you if I may?”
Cruz: “Sure, go ahead.”
Interviewer: “What is your understanding of how one becomes a natural born Citizen?”
Cruz: “Two citizen parents and born on the soil.”

[cloudmountain]

or a citizen of the United States, at the time of the Adoption of this Constitution.....clearly indicates that the Framers, who were born Englishmen under the Colonies were exempt ............... The Framers became American Citizens in 1776 with the Declaration of Independence. “We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions.....

Well, since Cruz, a graduate of Princeton University and Harvard Law School, IS running, you can probably believe that he is "legal."
However, you wrote some very nice words.

[DMZFrank]

The meaning of Article II sec 1 stands fixed until modified by a subsequent amendment. Not even the 14th amendment changed it in any way shape form or fashion. Not the Immigration and Naturalization Acts of 1790 or 1795 or 1802, nor the 19th amendment or women’s rights generally. IT HAS NOT BEEN AMENDED.

Prior to the Cable Act, when Article II was passed, a US woman married to a foreign national, who gives birth to a child out of the country could not transmit citizenship to her new born. Even AFTER the Cable Act, they would only be a natualized by statute citizen and never a natural born one.

These other arguments you raise have no bearing on Article II. NBC ONLY applies to eligibility for the office of POTUS. Nothing else.

[Mollypitcher1]

And Obama also a Harvard Law grad, who was NOT eligible, did run, and was elected/////TWICE. I’m also an Ivy Leaguer. Harvard is just another Lib Indoctrinating Establishment. Sad!

[ROCKLOBSTER]

American entitled to all our rights and benefits? ...But An American Citizen who is in another country and has a baby, THAT baby isn't an American Citizen? Even if he was born to an American? ...WTF kind of sense does that make!?

What sense?

Neither are eligible to run for president. Both can do almost every thing else.