Posted on 01/16/2016 3:02:27 PM PST by BlackFemaleArmyColonel
Republican presidential candidate Ted Cruz was born in Canada; he is not a "natural born citizen," and he is not eligible to be president.
And this is an issue that isn't going away, contrary to The Sacramento Bee's assertion, ("Trump's 'birther' lunacy, the sequel," Editorials, Jan. 7)
The Constitution is very precise: "No person except a natural born citizen ... shall be eligible to the office of President." The founders knew what they meant.
John Jay, later the first chief justice of the United States, wrote: "the commander in chief of the American army shall not be given to, nor devolve on, any but a natural born citizen." Later, one of the authors of the 14th Amendment, Rep. John Bingham of Ohio, wrote: "Who are natural born citizens but those born within the Republic?"
Congress has passed a statute that says if one of your parents is a U.S. citizen, you are an American citizen, too, no matter where you were born. Cruz's mother was born in Delaware. That makes him a "citizen" by statute, but not a "natural born citizen" within the meaning of the Constitution.
If both of Cruz's parents had been American-born, Cruz would have a stronger case. However, his father was born in Cuba.
Every other president and presidential candidate in our history was born either within the United States or one of its possessions. At no time ever was Calgary, Canada, where Cruz was born in 1970, a U.S. possession.
(Excerpt) Read more at sacbee.com ...
there isn’t a *federal* law that keeps an ineligible individual from _running_ for the office;
There are state laws.
Natural born means born a citizen. Cruz was born a US citizen. Do you reject that a baby born to a US military family at a German hospital is not a natural born citizen? Do you believe a baby born to a US mother on an airliner flying over Canada from Green bay to Boston is not a natural born US citizen? A couple having dinner just across the border in Mexico when the baby comes..... Numerous similar scenarios shows how cut and dry both the logic and law interpretation is. Heck, technically, the first several US Presidents were not US born.
“Running for President” is a private activity not recognized by the Constitution. It is neither permitted nor forbidden to anyone.
Correct.
The states have exclusive control, under the law, on who can access their election. AND, who won that election.
Congress has control over who is certified as the winner nationally.
What do you mean by “certify a candidate”?
What I don’t understand Chris is why this is not done ahead of time for Presidential Candidates.It’s not fair to the American Voters to support a candidate with time and financially if it turns out they are not qualified.
You mean like Nikki Haley taking down the Confederate flag?
After the federal election, the Electoral College and Congress become the only bodies that can judge eligibility and act on that judgment.
After the inauguration and the taking of the oath of office, only Congress can correct the problem via the impeachment process.
I wish John were still here. He brought a lot of insight into these issues.
I don't disagree with that, you're correct, there is only one remedy being the Courts.
He would not have been able to obtain ballot access in Texas when he first ran as a Senator if he had disclosed he was a Canadian citizen, and would probably not be able to do so today if he still were.
That part I will take a little disagreement with.
The Constitution only requires a person be a Citizen of the US, among other things.
I don't dispute Cruz is a Citizen, I dispute his status as a NBC.
You in my estimation are correct that some State are going to cause some trouble, no bout a doubt it!
The method of choosing electors is a plenary power of State Legislatures.
A loving ISIS couple flies to the US, just so she can spit the kid, and quickly returns to Dirtholistan.
Ya gotcher candidate right there.
Do you mean Trump, instead of Cruz?
Had Teds’ mother not gone down to the US consulate with Teds’ Canadian birth certificate, brought her own US citizenship documentation, spent about six hours filling out forms, and then waited while it was determined if Ted was eligible under certain naturalization statutes, before finally being issued a FS 240 - Ted would be a plain ole Canadian. Oh, I think he could apply on his own behalf as an adult, but I am not certain. His mother had until Ted was 18 to request US citizenship on Teds’ behalf.
One question many are asking now, is why hasn’t Ted published his CRBA? The FS 240.
I have this other thing I wonder over. Say Ted was extended US citizenship through his mother, becoming a dual citizen, yet NEVER moved to the US to live here. Could he apply for US citizenship for his own offspring in that scenario?
No, I mean like Ted Cruz and "anchor babies" Marco Rubio and Bobby Jindal. She may be a RINO, but I don't see what the Confederate flag has to do with her being a patriot.
Really, Kenny?
After much thought?
How much thought?
I've seen a lot of posts from you where you imply that you just recently had an epiphany, and now you can't support Cruz. Yet, you said this about him way back in November:
To: bestintxas
TPA was good for us, TPP is bad yet wouldn't have one without the other. I don't buy he was misled, he's too damn smart for that.
I hope I'm wrong but I see him going after Trump soon. Hope not or he will come off my short list, period.
76 posted on 11/21/2015, 3:10:37 PM by Kenny (RED) [ Post Reply | Private Reply | To 4 | View Replies | Report Abuse]
You're what Rush Limbaugh calls a "seminar caller". You fake like you didn't always have the position you have right now, but hope others will ascribe some "moral authority" to you because or your recent, contemplative decision.
States via their Senators must certify their electors and candidates are Constitutionally able to serve and meet all legal requirements:
You don’t see what that has to do with her being a patriot? Wow. That’s pathetic. And they’ve been calling me a lib today.
Yes. There are some constitutional limits such as, famously, the 14th Amend.
Here, the issue is a state SOS following state law.
Do you pledge allegiance to the Confederate flag? Don’t answer that, you probably do.
No, I think I got that right. Cruz’s handwaving if that if you aren’t naturalized (the process) you are natural born. IOW, you never were a non-citizen, the constitution allows Congress to define NBC, there are many ways to phrase the sleight-of-hand.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.