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The case for getting rid of the requirement that the president must be a “natural born citizen”
The Washington Post ^ | 1/14/2016 | Ilya Somin

Posted on 01/17/2016 4:37:25 PM PST by BlackFemaleArmyColonel

In recent weeks, much time and effort has been devoted to debating whether Ted Cruz is a "natural born citizen" eligible for the presidency. Whichever way you come down on this question of constitutional interpretation, the real lesson of this debate should be the absurdity of excluding naturalized citizens from the presidency in the first place. Categorically excluding immigrants from the presidency is a form of arbitrary discrimination based on place of birth (or, in a few cases, parentage), which is ultimately little different from discrimination on the basis of race or ethnicity. Both ethnicity and place of birth are morally arbitrary characteristics which do not, in themselves, determine a person's competence or moral fitness for high political office.

The "natural born" citizen requirement was originally inserted into the Constitution because some of the Founders feared that European royalty or nobles might move to the United States, get elected to the presidency, and then use the office to advance the interests of their houses. Whatever the merits of this concern back in the 1780s, it is hardly a plausible scenario today.

One can argue that immigrants have less knowledge of the country and its customs, and might make worse presidents for that reason. But that problem is surely addressed by the constitutional requirement that a candidate for president must have been resident in the United States for at least fourteen years. As a practical matter, anyone who attains the political connections and public recognition needed to make a serious run for the presidency is likely to have at least as much knowledge of the US and American politics as most serious native-born candidates do.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Politics/Elections
KEYWORDS: canadian; ineligible; naturalborncitizen
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To: Windflier

Then why don’t you start?


241 posted on 01/17/2016 6:13:12 PM PST by Oceander
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To: Oceander
Even if he isn't, so what?

I see.

242 posted on 01/17/2016 6:13:48 PM PST by Karl Spooner
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To: Karl Spooner

You quite clearly do not.


243 posted on 01/17/2016 6:14:29 PM PST by Oceander
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To: BlackFemaleArmyCaptain

I thought that the election of the Kenyan eliminated the requirement.


244 posted on 01/17/2016 6:14:39 PM PST by Old Yeller (Obama is winning the war on terror when you realize he is on the side of the enemy.)
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To: John Valentine
Rep. John A. Bingham, who later became the chief architect of the 14th Amendment first section.

In the United States House on March 9, 1866
commenting upon Section 1992 of the Civil Rights Act, said that the Act was
simply declaratory of what is written in the Constitution,
that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself,
a natural born citizen
.

Rep. Bingham said parents. He did not say one parent, or a mother or father.

245 posted on 01/17/2016 6:14:55 PM PST by ASA Vet (Jus Soli + Jus Sanguinis = NBC)
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To: House Atreides
Those are current laws. I linked to them. They operate today, under the language of the law.

Yes, some of the people naturalized were already alive. But a child born today in the Virgin Islands or Guam is a citizen of the US at birth. IMMEDIATELY UPON THEIR BIRTH.

Your reading comprehension appears to be impaired. If you are not rational or capable of reasoned thought, it would be a waste of my time, and only cause you irritation, if we were to continue our correspondence.

246 posted on 01/17/2016 6:15:24 PM PST by Cboldt
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To: editor-surveyor

Trump’s loyalty is not questionable. He is all American!
Bush’s loyalty belongs to Mexico and the NWO.
There, do you now understand?


247 posted on 01/17/2016 6:15:26 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Oceander

Is there anything, anything at all that Cruz is a natural born citizen?


248 posted on 01/17/2016 6:16:16 PM PST by Karl Spooner
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To: C210N
he is natural-born, according to current law

No mere law can modify, clarify, un-do, or overrule any part of the U.S. Constitution, for it is the bedrock foundation upon which all laws rest.

A law can't make Ted a natural born citizen (born on the soil to two citizen parents), any more than it could overturn the 1st or 2nd Amendments.

249 posted on 01/17/2016 6:17:34 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Oceander
why don't you start?

Is that an invitation to fight?

250 posted on 01/17/2016 6:19:06 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Mollypitcher1

.
Trump’s loyalty is non-existent.

He is in love with himself.


251 posted on 01/17/2016 6:19:51 PM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Oceander

Are you on drugs?


252 posted on 01/17/2016 6:20:51 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: TornadoAlley3
Wth is neutralized?

It can have several meaning, most common of which is defeat, offset and obliterate.

253 posted on 01/17/2016 6:22:58 PM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: Karl Spooner

Well, ALL RIGHT!
You know, I met him in person?
Got his autograph on my cap and talked to him!
He even held my hand in two of his and called me “darling.”
WHOA!


254 posted on 01/17/2016 6:23:34 PM PST by onyx (HAVE YOU MADE YOUR DONATION to OUR FReep-a-Thon? PLEASE MAKE IT TODAY!)
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To: Karl Spooner

If there was anything that exists that proves Cruz is a natural born citizen we all would have seen it by now. Have you ever heard Cruz say I am a natural born citizen? He sure did not say that in the debate when asked directly about his questionable eligibility.

Harvard school Cruz cannot claim ignorance what that presidential eligibility requirement means.. It is settle law, just now it serve the purpose of some to claim otherwise.


255 posted on 01/17/2016 6:23:43 PM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: Windflier

It’s an invitation to a discussion, which you have so far steadfastly refused.


256 posted on 01/17/2016 6:24:47 PM PST by Oceander
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To: Karl Spooner
-- Is there anything, anything at all that Cruz is a natural born citizen? --

He says so, and the popular legal authorities such as Katyal, Clement, Levin, Balkin, Amar, Somin, etc. say so too. Plus he has a nifty/simple argument. Citizen-at-birth is natural born citizen. It's either that, or I'm naturalized, and I didn't have to go through naturalization to become a citizen.

Isn't that enough? Do you really think they are all liars?

Funny thing is, they are all liars.

257 posted on 01/17/2016 6:24:47 PM PST by Cboldt
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To: Windflier; Oceander

You’d better CALM DOWN, Oceander!


258 posted on 01/17/2016 6:25:11 PM PST by onyx (HAVE YOU MADE YOUR DONATION to OUR FReep-a-Thon? PLEASE MAKE IT TODAY!)
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To: Oceander

My loyalty is to the Constitution as it is written. I don’t care what you question. you are obviously lacking in education.


259 posted on 01/17/2016 6:25:13 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Las Vegas Ron

Yes. The invigorating draft of rational thought.


260 posted on 01/17/2016 6:25:44 PM PST by Oceander
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