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To: RoosterRedux

So what if there are lawsuits? Cruz is a NBC via Title 8 Section 1401 subsection G of the US Code. In order to have standing, the person bringing the suit has to show that:

1) they were directly harmed by the action
2) that the actions was not in accordance with exiting law
or
3) that the law itself is unconstitutional

#1 could be met by a losing candidate - true but that is a very limited pool of people. Generally speaking, bringing a lawsuit is expensive and would require a substantial investment of time, money and effort. Anyone bringing that suit would have to do the calculus that the effort would be worth the outcome of the ruling.

#2 nope, per above law, Sen Cruz is a NBC

#3 This would be the only real avenue and would require either that the law itself was in violation of the Constitution (nope) or that Congress does not have the authority to define NBC (nope) or that NBC means something other than being born a citizen and not naturalized (very though road).


9 posted on 01/15/2016 7:47:02 AM PST by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
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To: taxcontrol

Title 8 Section 1401 subsection G of the US Code only creates legal citizens. Being JUST a legally created citizen has no bearing on qualifications for presidency other then at the time the Constitution was adopted. Completely irrelevant distraction issue now.


14 posted on 01/15/2016 7:53:02 AM PST by Mechanicos (Nothing's so small it can't be blown out of proportion.)
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To: taxcontrol
So what if there are lawsuits? Cruz is a NBC via Title 8 Section 1401 subsection G of the US Code.

You can't define a natural born Citizen with statutory law. Only Natural Law can define a natural born Citizen.

Note the reference to Natural Law in the first sentence of our Declaration of Independence.

It is crystal clear that the Founding Fathers used the Natural Law definition of 'natural born Citizen' when they wrote Article II. By invoking "The Laws of Nature and Nature's God" the 56 signers of the Declaration incorporated a legal standard of freedom into the forms of government that would follow.

President John Quincy Adams, writing in 1839, looked back at the founding period and recognized the true meaning of the Declaration's reliance on the "Laws of Nature and of Nature's God." He observed that the American people's "charter was the Declaration of Independence. Their rights, the natural rights of mankind. Their government, such as should be instituted by the people, under the solemn mutual pledges of perpetual union, founded on the self-evident truth's proclaimed in the Declaration."

The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew

The Laws of Nature and of Nature's God: The True Foundation of American Law

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

MINOR V. HAPPERSETT IS BINDING PRECEDENT AS TO THE CONSTITUTIONAL DEFINITION OF A NATURAL BORN CITIZEN.

Neither the 14th Amendment nor Wong Kim Ark make one a Natural Born Citizen

The Harvard Law Review Article Taken Apart Piece by Piece and Utterly Destroyed

Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same

"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.

A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789

The Law of Nations or the Principles of Natural Law (1758)

The Laws of Nature and of Nature's God: The True Foundation of American Law

Publications of the Colonial Society of Massachusetts, Volume 20 - Use of The Law of Nations by the Constitutional Convention

21 posted on 01/15/2016 7:59:50 AM PST by Godebert
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To: taxcontrol

Apparently reading is not your strong suit.


25 posted on 01/15/2016 8:05:54 AM PST by Ray76
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To: taxcontrol

Note that your #3 is the only avenue that this issue can be pursued to the SCOTUS (Marbury v Madison).


31 posted on 01/15/2016 8:09:10 AM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: taxcontrol

“nope, per above law, Sen Cruz is a NBC”

False Statement. Ted Cruz is an alien born child of a U.S. citizen mother naturalized at birth by a statutory law for Naturalization. Person who are naturalized at birth by the authority of statutory law and positive law are by definition not natural born citizens by the authority of natural law. This is plainly written in the U.S. Code statute Ted Cruz has stated is the authority for his claim of U.S. citizenship. See:

66 Stat. Public Law 414 - June 27, 1952

TITLE III - NATIONALITY AND NATURALIZATION

Chapter 1 - Nationality at Birth and by Collective Naturalization

NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . .
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at lest five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.

The equivalent present day statute is:

U.S. Code: Title 8 - ALIENS AND NATIONALITY. Chapter 12 - IMMIGRATION AND NATIONALITY. Subchapter III - NATIONALITY AND NATURALIZATION. Part I - Nationality at Birth and Collective Naturalization. § 1401 - Nationals and citizens of United States at birth: The following shall be nationals and citizens of the United States at birth: ... (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) “Automatic” acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.


43 posted on 01/15/2016 8:23:10 AM PST by WhiskeyX
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