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 ...
Problem : natural born citizen not settled law
Solution: Declarative judgment from SCOTUS
Standing: RNC would be damaged if not following law
Contact RNC and tell them to settle issue for Cruz , Rubio ; Jindall and Trump
Trump is actually quite likeable. Like an uncle who speaks his mind, he is blunt and rough around the edges.
But he is definitely likeable.
Trump is like family.
That's how he will win.
True. I wish we could have at least one candidate where both the parents were born in the USA. I’m tired of these first generation pols!
I know what I know. Sorry.
Other than his "Last Angry Man" act, what does TRump have?
Nada
One congressman plus one senator.
This may well be true. It matters not.
That is the correct condition of law. This issue is settled. Cruz is/was naturalized. It's an easy conclusion to reach, if one is honest about it.
The dam is starting to leak. The wall of elite misinformers is going to take a hit to their credibility. Katyal and Clement are full of crap on this important point, and I think they know it too.
And took up arms for Fidel Castro and Che Guevara.
"Every other president and presidential candidate in our history was born either within the United States or one of its possessions."
Or, had falsified records showing they were, which were not challenged by a state or Congress.
The essential and timely question is still: Can somebody born in another country, outside a US possession, meet the Article II intent and definition?
You will answer that question depending on whether you support Ted Cruz for POTUS, or not.
Which makes it the perfect legal test case. <>p>And, a question the republic sorely needs answered. With the levels of immigration, international travel and residence, divorce etc. we the United States of America need to define Natural Born Citizen with finality.
And a Constitutional Amendment, in the long run, is the way to do it.
Unfortunately, this cycle Cruz's status will be decided by how many states allow him ballot access and whether the Federal Courts agree with his definition.
Exactly.
Cruz 2016. Dump Trump...
A BC from somewhere in the US is a good start. There are other ways, but that's the one that operates 999 times out of 1,000.
Trump’s Mother was a naturalized citizen before Trump was born. Trump born on U.S. soil. Father born U.S. soil. Natural born.
Cruz father not American citizen. Cruz born on Canadian soil. Had dual citizenship, not natural born.
Dubya, Jimmy Carter and Barack Obama would argue the point.
If you remember, when I had lunch in the Trump Grill this August (Trump was at a back table with Maureen Dowd eating spaghetti I eventually read), his busboys and waiters told me that they loved him and that we must vote for him. That impressed me. In NYC, the Boss is usually an idiot, a creep, a loser...and “I SHOULD BE BOSS, NOT HIM!” That didn’t appear to be the case with his workers. Speaks well for him.
Yes.
No flame, just facts. Cruz IS a natural born citizen due to
jus sanguinis.
Cruz is not a native born citizen which is NOT synonomous with “natural born citizen”
It is very much settled law!
See Paragraph (g)
U.S. Code ⺠Title 8 ⺠Chapter 12 ⺠Subchapter III ⺠Part I ⺠§ 1401
Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe:
Provided
, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) 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 five years, at least two of which were after attaining the age of fourteen years:
Bump.
Where do you get definition “citizen at moment of birth”? Black’s law Dictionary says born in country where citizen.
Thanks to Obama, photo shop and illustrator works.
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