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WaPo (Op-Ed): Ted Cruz Not Eligible
Washington Post ^ | January 12, 2016 | Mary Brigid McManamon

Posted on 01/12/2016 10:09:44 AM PST by 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.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: cds; cruz; eligibility; naturalborncitizen; nonsense; presidential
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To: Behind the Blue Wall
So we are now referring to English interpretation of English law? What ever happened to the concept of a Republic governed by IT`S own laws and any domestic interpretations of them? Carried to furthest extent, you could then say international law and their interpretations now trumps American laws and our`s. That is at the heart of why we had a war of Independence, we`re free to make our own laws and interpretations of them..
21 posted on 01/12/2016 10:19:27 AM PST by nomad
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To: Behind the Blue Wall

Oh. So now all of a sudden they’re concerned about it? Obama sniffers.


22 posted on 01/12/2016 10:19:47 AM PST by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: Behind the Blue Wall

Ted Weighs In!




23 posted on 01/12/2016 10:19:53 AM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><> GO CRUZ!!!!)
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To: Behind the Blue Wall

See? If Obama had been a Republican, he would have been destroyed over his eligibility. Cruz will be destroyed over his eligibility, because he’s not a Democrat and isn’t a dark skinned Hispanic.


24 posted on 01/12/2016 10:19:55 AM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: Behind the Blue Wall

Wait, then how can Obama sit in office? His father certainly wasn’t a US citizen.


25 posted on 01/12/2016 10:20:19 AM PST by Politicalkiddo ("If this poor life of mine could save you, [my country] how willingly would I make the sacrifice!")
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To: KC_Lion

That’s a good question, but it needs to be dealt with on the plane of citizenship, not natural born citizenship. If they are not made citizens, there will of course be no issue of them being natural born citizens, and the theoretical chance that an anchor baby might one day ascend to the Presidency is a pretty minor issue as compared to the millions of anchor babies flooding into our society, qualifying their parents for benefits and legal status, overcrowding schools and hospitals, growing up in an un-assimilated culture, joining gangs, etc. It seems pretty straightforward to me that the child of a diplomat born in the U.S. is not a citizen, much less a natural born citizen, ergo, neither is the child of two parents neither of which has any legal right to be here. But that will have to be sorted out by the three branches of the federal government.


26 posted on 01/12/2016 10:20:51 AM PST by Behind the Blue Wall
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To: Genoa
The mainstream media have no shame whatsoever.

Nor do those who do willingly do the job of propagating this horse squeeze for them.

27 posted on 01/12/2016 10:21:02 AM PST by South40 (Ted Cruz = the only conservative in the race)
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To: Behind the Blue Wall
I have stayed out of the political food fight over political candidates.. Many reasons, and not pertinent to this subject. The powers that be will decide IF Cruz is eligible... and the political machines will either allow him on each states ballots or not. Thus far I am not impressed with the manner in which Cruz has allowed this big question to manifest. He had to have been paying attention to the Trump hunt of the current White House resident citizen status.

AND I cannot imagine that Cruz slept through Hillry’s birthing the birther movement of the current resident. The Constitution is to liberals whatever they say it is and means... and surely Cruz did not enter this race thinking the liberals were going to ignore such a plum opportunity to clip his wings.

28 posted on 01/12/2016 10:21:17 AM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: Behind the Blue Wall

There’s no legal category of citizenship called “naturalized at birth but not natural born”. It doesn’t exist. Cruz is absolutely eligible.


29 posted on 01/12/2016 10:21:20 AM PST by Campion (Halten Sie sich unbedingt an die Lehre!)
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To: KC_Lion

All that maters is liberals get what they want. Same as it ever was KC.


30 posted on 01/12/2016 10:21:21 AM PST by Norm Lenhart (Existential Cage Theory - An idea whose time has come)
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To: Behind the Blue Wall

Cruz who is acting like he doesn’t want to be thrown into the brier patch surly knows that if he is not natural born citizen neither is OBAMA. To get a settled judgment for his situation also nullifies the current presidents term.

So it seems he or another current candidate WOULD have standing to obtain a decision from the SCOTUS. Rand Paul may since being removed from debate stage have the best standing thus far.

Remember Trumps sister was an appellate jurist She was a colleague and close friend of Sam Alito. They had up to his appointment to SC an identical record.

Thomas admitted the court was discussing the issue way back.


31 posted on 01/12/2016 10:21:30 AM PST by hoosiermama
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To: Behind the Blue Wall

That’s funny, since just the other day they ran an article headlined, “Unfortunately, Ted Cruz Is Eligible”.


32 posted on 01/12/2016 10:21:38 AM PST by TBP (Obama lies, Granny dies.)
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To: cloudmountain

Citizens, yes. Natural born citizens, no. Statutory citizenship = citizen. Common law citizen = natural born citizen.


33 posted on 01/12/2016 10:22:01 AM PST by Behind the Blue Wall
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To: Behind the Blue Wall

Heard on FOX News a while ago that Trump is playing “Born in the USA” at his rallies. He sticks it to Cruz and Bruce Springsteen at the same time. I love Cruz but concede you are probably right on this. The Supreme Court could save him but won’t because they’re afraid of being seen as political meddlers.


34 posted on 01/12/2016 10:22:20 AM PST by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: DannyTN

Trump is an idiot. Article III courts don’t make declaratory judgements and the Naturalization Act of 1790 is the one and only document that defined natural born citizens. And it was made law by the First Congress which is exactly what Article III courts look toward when interpreting original intent.


35 posted on 01/12/2016 10:22:51 AM PST by jwalsh07
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To: DrewsDad

It’s rather simple: naturalized means not natural born. Not being natural born requires that you be naturalized.


36 posted on 01/12/2016 10:23:05 AM PST by Behind the Blue Wall
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To: DrewsDad
"Cruz was naturalized at birth" but not natural born?

What it means is that Congress, which has the power to determine naturalization laws, can pass citizenship to whoever they want or however they want. When this is done, it is "naturalization," even if you are born into it. According to the Law of Nations, as used by the Founding fathers, an NBC must be born to two citizen parents and on American soil. According to English common law, an individual can receive natural born status while being outside the country, but this passes from the Father.

Ted Cruz is thus invalidated by both legal standards in use by the founding fathers at the time the constitution was written.

37 posted on 01/12/2016 10:23:50 AM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: Behind the Blue Wall

If Cruz became the nominee, we would see and hear the main stream media drum beat about his lack of eligibility times 10.


38 posted on 01/12/2016 10:24:06 AM PST by Red Steel (Ted Cruz: 'I'm a Big Fan of Donald Trump')
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To: Behind the Blue Wall

Obama was eligible, ANYONE is now eligible.

You are fighting for your country. Your constitution isn’t followed anymore. Better fight to win.


39 posted on 01/12/2016 10:24:14 AM PST by CodeToad (Islam should be banned and treated as a criminal enterprise!)
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To: Responsibility2nd

Your tagline means that under every comment, you display an extreme level of ignorance about the most basic element of this question: the distinction between “U.S. citizen” and “natural born citizen”. I’d be embarrassed to travel through these forums like that.


40 posted on 01/12/2016 10:24:59 AM PST by Behind the Blue Wall
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