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 ...
Exactly. If you are a citizen at the moment you are born, you are natural born.
No amount of twisted logic can change that fact.
No court or judge in the USA will ever rule that someone who was a US citizen at the moment of their birth is somehow not natural born.
Why? Because it's ludicrous to do so, that's why. Someone who is a US citizen at birth has not undergone any sort of naturalization process.
For uber-purists to entertain the fantasy that any judge, any judge, will muddy the waters with some sort of in-between interpretation is pure delusion.
Citizen at the moment of birth=natural born, and if that has not been formally stated yet, then it soon will be.
For the Cruz "birthers", I therefore ask: once the courts have (bitch) slapped you down, will you then let the matter rest? Or will you remain in denial?
Because, as Dr. Tribe has indicated, there are absolutely zero judges whose interpretation of the Constitution would be so hysterically "originalist" as to rule Ted Cruz ineligible. Practically speaking, there is simply no reason that Cruz should be considered ineligible.
There's "strict interpretation", and then there's ridiculously dogmatic irrationality. The latter is where the Cruz birthers dwell.
>>>The fact that TRump is depending on this issue shows the weakness of the totality of his campaign<<<
Well, Trump was way ahead long before this came up, so your Premise is lacking. His Campaign did not and does not depend on this.
Do People actually think that this issue with Cruz will be laughed off by the Media the way Obama’s questionable Birth Status was?
Cruz is a big boy and it is up to him to put this issue to rest. The Democrats have been talking about this for Months and they will the ones the Republican Nominee will be running against in the General Election.
The DNC Lawyers are salivating waiting for the outcome of the RNC Convention. You can bank on it.
P.S., I am not “somewhat persuasive.”
Because I argue based on fact, I am generally very persuasive.
Have a good evening.
Two natural born fathers and two natural born mothers, must be born in Wash DC on Christmas day, and become a born again Christian of the opposite sex...in an American Holy city....like Saint Louis.
Get outta here.
Well said.
The latest argument here is re; Bellini, whereby Bellini lost his NBC status by failing to meet the post-birth CONUS residency status.
Totally moot, because they fail to realize that Bellini was an NBC up until the moment he failed the residency requirement. Cruz met the requirement.
If that the best they’ve got, good luck to them. As usual, they are playing into the Dems hands.
And we conservatives are playing right into their hands, thank you Mr. TRump.
By the way, respectfully, the full reason Bellini is not applicable here is because, up to the moment his non-residency actions revoked his NBC citizenship status, Bellini was an NBC.
Cruz met all the requirements of law, therefore his NBC status remains unabated.
Have a good evening.
Don’t know how you equate the two. The Democrats said they would File Suit if Cruz was the Nominee Months ago, Trump or no Trump.
I’m a Cruz Supporter, but I am also a realist. You can
blame Trump all you want, but Cruz should have anticipated this long before he chose to run for POTUS.
Shooting the Messenger doesn’t change the fact of the matter.
Dems have no standing now. Another R could sue to keep him off the primary ballot, but not the Dems yet.
Live Long and Prosper
John McCain was born on August 29, 1936, at Coco Solo Naval Air Station in the Panama Canal Zone
Although the Panama Canal Zone was legally an unincorporated US territory until the implementation of the Torrijos-Carter Treaties in 1979,[citation needed] questions arose almost from its inception as to whether it was considered part of the United States for constitutional purposes, or, in the phrase of the day, whether the Constitution followed the flag. In 1901 the US Supreme Court had ruled in Downes v. Bidwell that unincorporated territories are not the United States.[40] On July 28, 1904, Controller of the Treasury Robert Tracewell stated, “While the general spirit and purpose of the Constitution is applicable to the zone, that domain is not a part of the United States within the full meaning of the Constitution and laws of the country.”[41] Accordingly, the Supreme Court held in 1905 in Rasmussen v. United States that the full Constitution only applies for incorporated territories of the United States.[42] Until the rulings in these so-called Insular Cases, children born of two US citizens in the Canal Zone had been subject to the Naturalization Act of 1795, which granted them statutory US citizenship at birth. With the ruling of 1905, persons born in the Canal Zone became US nationals, not full citizens.[43] This no man’s land with regard to US citizenship was perpetuated until Congress passed legislation in 1937 that corrected this deficiency. The law is now codified under title 8, section 1403.[44] It not only grants statutory and declaratory born citizenship to those born in the Canal Zone after February 26, 1904, of at least one US citizen parent, but also does so retroactively for all children born of at least one US citizen in the Canal Zone before the law’s enactment.[45]
In 2008, during a minor controversy over whether Canal Zone–born John McCain, born in the Zone in 1936, was legally eligible for the presidency, the US Senate resolved that McCain was a “natural born Citizen” of the United States.[46]
The Senate Resolution means nothing legally, McCain is classified as an NBC just because his buddies in the Senate say so.
Which they already have refused to do for Cruz, because they hate him
If McCain was eligible, so is Cruz.
And contrary to your contention that SCOTUS saw him as NBC (if it did, there would be no case, although Bellei did assert he was NBC, that didn't fly, below), nowhere in the case is there any discussion that Bellei was anything but naturalized.
You are a liar and propagandist of the lowest order. Go ahead, turn me in to the mods.
I told you
join the law group with that defense when you take it to the SCOTUS
Make sure you take CRUZ Birth Certificate with you.
Prove it! Post the quote and a link for the source. (It's not in the full text of the 1790 Act LINK.)
McCain was Colon born.
If McCain was eligible, so is Cruz.
McCain was eligible but not qualified, Cruz is qualified but a Cuban/Canadian.
Otherwise he's "naturalized" by statue, and it appears his mother screwed up by not drag racing over to the American consulate before or right after his birth.
Your right, don’t know what I was thinking.
Thanks for the correction.
Ted Olsen will probably handle... and handle quite well.
Have a nice day.
Hillary is not going to be the nominee.
Hillary is not going to be the nominee
Totally agree.
Biden and Kerry are both ready to go in 72 hours if she is indicted.
Did you miss the Obama birther wars entirely?
I disagree with every part of what you say. Their is no definitive law, or we would not be having the discussion. The proponents of blood and soil citizenship have put up many pieces of evidence, as the author of the article does, and even anb eminent law professor from Harvard says it’s undecided.
You know better than Lawrence Tribe? You say it’s so decided, show your evidence.
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