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Cole: Coulter makes ridiculous claims on Cruz
The Casper Star-Tribune ^ | January 24, 2016 | Charles Cole

Posted on 01/24/2016 1:04:47 AM PST by 2ndDivisionVet

I usually enjoy reading Ann Coulter's columns thanks to her acerbic wit and gutsy grit. But, being human, she has flaws, among which is a penchant to suspend rationality when advocating for her flavor of the year in Republican presidential candidates. In past years, it was Chris Christie and Mitt Romney. Now, thanks mainly to his tough stance on immigration, it's Donald Trump.

This infatuation has caused her to write some ridiculous things about the eligibility of Ted Cruz for the presidency. Her use of the term "naturalization" is, frankly, unworthy of her status as a law school graduate. A recently published article from the Harvard Law Review holds that: "All the sources routinely used to interpret the Constitution confirm that the phrase 'natural born citizen' has a specific meaning - namely, someone who is a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time." Cruz meets this requirement.

There are only two paths to citizenship: automatically at birth, or after one's birth through some legal process such as immigration and naturalization. The plain meaning of "natural born citizen" is understood to be a person who was a citizen "naturally" by reason of birth, as differentiated from obtaining citizenship later in life. In 1790, the First Congress passed a law providing, "And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens."

Newton Schwartz, an 85-year-old lawyer, has filed a lawsuit in a federal district court in Texas challenging Cruz' eligibility. Schwartz told Bloomberg News that, while he's not linked to any particular presidential campaign, he will probably support Democrat/Socialist Bernie Sanders of Vermont. Nice company you're in, Annie!

Legally, this man has no "standing" to file this action. Only another presidential candidate could do so. If Trump actually thinks Cruz is ineligible, let him file suit and request expedited consideration which, along with any subsequent appeals, would surely be decided on an emergency basis. Otherwise, let's move on to real issues!


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections; US: New York; US: Texas
KEYWORDS: 2016election; adiosamerica; anncoulter; cruz; election2016; naturalborncitizen; newyork; pages; tedcruz; texas; trump
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To: odawg
US DOJ Immigration Law Advisor - November 2008

Article II of the U.S. Constitution requires that the President of the United States be a "natural born citizen," which led some to question whether McCain, who was born in the Panama Canal Zone while his father was stationed there as a Naval officer, was even eligible to be president.1 U.S. Const. art. II, S: 1, cl. 4. That is a matter for constitutional scholars to sort out; but, as we will see, there is little dispute that McCain has been a citizen of the United States since birth. ...
Interesting and accessible exposition on "acquired citizenship," which is not the same as "natural born citizenship," in that the citizenship depends on a statute.
201 posted on 01/24/2016 6:48:21 PM PST by Cboldt
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To: odawg
Thomas v. Lynch - 5th Circuit - August 7, 2015 - 14-60297

Petitioner Jermaine Amani Thomas was born on August 9, 1986, in a military hospital located on a U.S. military base in Frankfurt, Germany. Thomas's father, a United States citizen, was a member of the United States military serving on the base. Thomas's father first entered the United States in September 1977, enlisted in the United States Army in 1979, and became a United States citizen in May 1984. Thomas's mother was a citizen of Kenya. ...

At a hearing before an Immigration Judge ("IJ") on December 12, 2013, Thomas conceded that, if he is not a United States citizen, he is removable based on his aggravated felony and domestic violence convictions. The only relief sought by Thomas before the IJ was a declaration that he is a United States citizen and the termination of removal proceedings. The IJ found that Thomas's birth in Germany gave rise to a rebuttable presumption of alienage. The IJ determined that based on the Department of State Foreign Affairs Manual (FAM), as well as the plain language of 8 U.S.C. S: 1401(a) and the Constitution, the military base on which Thomas was born was not part of the United States for purposes of the Fourteenth Amendment. Accordingly, the IJ concluded that Thomas had failed to rebut the presumption of alienage. ...

The BIA agreed with the IJ that Thomas's birth at the military hospital in Germany, to only one United States citizen parent, gave rise to a rebuttable presumption of alienage. The BIA rejected Thomas's claim that his birth on a military base in Germany rendered him a birthright citizen by virtue of the Fourteenth Amendment. Therefore, the BIA concluded that Thomas was removable and it dismissed the appeal. On April 22, 2014, Thomas filed a timely petition for review in this court. ...

"There are two sources of citizenship, and two only: birth and naturalization." Bustamante-Barrera v. Gonzales, 447 F.3d 388, 394 (5th Cir. 2006) (internal quotation marks omitted). "Within the former category, the Fourteenth Amendment of the Constitution guarantees that every person 'born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization.'" Miller v. Albright, 523 U.S. 420, 423-24 (1998) (quoting United States v. Wong Kim Ark, 169 U.S. 649, 702 (1898)). "Persons not born in the United States acquire citizenship by birth only as provided by Acts of Congress." Id. At the time of Thomas's birth, Congress extended birthright citizenship to children born abroad to one citizen

However, it is undisputed that Thomas was not a statutory birthright citizen because his father did not meet the physical presence requirement of the statute in force at the time of Thomas's birth.1 Id. Consequently, Thomas must rely on the Fourteenth Amendment, which provides, in relevant part, that "[a]ll persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," U.S. Const. amend. XIV, S: 1, to sustain his claim that he is a birthright citizen. Thomas contends that the military base located in modern-day Germany where he was born was "in the United States" for purposes of the Fourteenth Amendment.

We disagree.

The Bustamante-Barrera v. Gonzales case isn't helpful either way, as it involves derivative citizenship, not citizenship by acquisition.

It seems Miller v. Albright, 523 U.S. 420, 423, 118 S.Ct. 1428, 140 L.Ed.2d 575 (1998) is a primary source. Breyer, in dissent, cites Vattel.

202 posted on 01/24/2016 7:13:41 PM PST by Cboldt
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To: dynoman

I’m sure he’ll correct it. Meanwhile Trump still is will to steal homes from little old ladies.


203 posted on 01/24/2016 7:19:40 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Cboldt

“We disagree.”

About what? If naturalization laws grant him citizenship status, he is a citizen. But he is not a natural born citizen if a naturalization act creates his citizenship.


204 posted on 01/24/2016 7:28:48 PM PST by odawg
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To: odawg
Yet another. This one is accessible too, for a SCOTUS case. Good history on citizenship by acquisition.

WEEDIN, Commissioner of Immigration, v. CHIN BOW, 274 U.S. 657 (1927)

The United States contends that the proviso of section 1993, 'but the rights of citizenship shall not descend to children whose fathers never resided in the United States,' must be construed to mean that only the children whose fathers have resided in the United States before their birth become citizens under the section. It is claimed for the respondent that the residence of the father at any time in the United States before his death entitles his son whenever born to citizenship. These conflicting claims make the issue to be decided. ...

Mr. Horace Binney had written an article, which he published December 1, 1853, for the satisfaction of fellow citizens and friends, whose children were born abroad during occasional visits by their parents to Europe. 169 U. S. 665, 18 S. Ct. 456, 42 L. Ed. 890, 2 Amer. Law Reg. 193. He began the article as follows:

'It does not, probably, occur to the American families who are visiting Europe in great numbers, and remaining there, frequently for a year or more, that all their children born in a foreign country are aliens, and when they return home will return under all the disabilities of aliens. ...

The expression, 'the rights of citizenship shall descend,' cannot refer to the time of the death of the father, because that is hardly the time when they do descend. The phrase is borrowed from the law of property. The descent of property comes only after the death of the ancestor. The transmission of right of citizenship is not at the death of the ancestor but at the birth of the child


205 posted on 01/24/2016 7:33:50 PM PST by Cboldt
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To: odawg
Plaintiff said he was born in the US - that a US military base in Germany was, for citizenship purposes, "in the US." The court disagrees.

If he is born in the US, then he is under the first half of the 14th amendment, and not in the "naturalized" half.

Guess where that puts McCain?

206 posted on 01/24/2016 7:36:00 PM PST by Cboldt
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To: driftdiver

Ted hasn’t corrected the lie. Click through the tweet to see.


207 posted on 01/24/2016 7:45:13 PM PST by dynoman (Objectivity is the essence of intelligence. - Marilyn vos Savant)
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To: driftdiver

I am again sorry but you are 1000% wrong. Natural born is of the land by two citizen parents..

There is NO law that makes one eligible to hold the office of president.. The office of president is not born of royal lineage, but of citizen parents in the land. Foreign born are NOT eligible !!!! Cruz knows this too in case you did not know that.


208 posted on 01/24/2016 8:07:26 PM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: jospehm20

I would like to see someone like Trump bring on a lawsuit based on this but it won’t happen. He knows he rode it as far as it can go and bringing this to the Supreme Court and lose would galvanize Cruz support across the board.


209 posted on 01/24/2016 10:09:24 PM PST by bubman
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To: Hugin

I look at this NBC issue- as getting camel’s nose under the tent. We know that socialists play a long game when comes to politics, while Americans in general look only to the next election.

With a sufficiently lenient interpretation of NBC any anchor baby could run for president.


210 posted on 01/25/2016 12:06:33 AM PST by Nailbiter
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To: applpie
She used to be entertaining and cute but now she is shrill, bitter and annoying.

An obvious and blatant sign that her sex life is dead and gone.

211 posted on 01/25/2016 12:18:20 AM PST by VideoDoctor
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To: bubman

In an honest hearing, I think Cruz would lose but the SCOTUS is good at going into weasel mode and avoiding their responsibilities. They would simply avoid making a decision until it was irrelevant.


212 posted on 01/25/2016 2:55:39 AM PST by jospehm20
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To: jospehm20
I've thought about this alot, and can't conceive of a way for SCOTUS to weasel Cruz into being qualified, short of upending a huge body of immigration law. Plus, saving Cruz's bacon has the effect of SCOTUS writing NBC and jus soli out of the constitution, after 200+ years of applying the jus soli rule. That's different from hallucinating something in there, that isn't there. It's rejecting 100% of their precedent on the question, and single-handedly amending the constitution. I don;t thing the institution of SCOTUS is willing to take that hit.

They'll evade the issue, most likely. Might be tough, because I foresee some liberal judge seeing an opportunity to be a hero for the liberal cause, ordering a Secretary of State to remove Cruz's name from a ballot. It only takes one, and there will be literally hundreds of cases before this plays out.

213 posted on 01/25/2016 3:02:20 AM PST by Cboldt
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To: Just mythoughts

It’s the that counts not your fantasy land wanna be.

The law says you are wrong.

America is a nation of laws with the Constitution as the Supreme law.


214 posted on 01/25/2016 3:13:43 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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Another though to maybe keep in mind. Cruz's candidacy is a spark that can elevate the meaning and function of the NBC clause in the mind of the public. Killing his candidacy off on eligibility grounds has to be decisive, and is best done when the people are focused on that issue.

I think it is best to have Cruz in the race, and for him to strongly resist attempts to disqualify him, even by procedural arguments. Awakening the public is hard, maybe impossible, but for it to have a chance, the debate has to become hot in the minds of a sufficient fraction of the public.

215 posted on 01/25/2016 3:24:47 AM PST by Cboldt
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To: Cboldt
Perhaps you are correct... I had not paid much attention to the man Cruz. It was the last debate performance that made me question his claim to fame, ‘original intent’ of our Constitution.

If Cruz wins the nomination the liberals are going to find a new love, ‘original intent’. If Hillry survives her legal troubles, she will go full throttle on Cruz. She after all birthed the birther movement against Obama.

I do not think the GOP are that dull, and would put their credibility on the line for Cruz.. I see them declaring themselves a new love of ‘original intent’. Then strip Cruz of his delegates. I cannot see how Beck is the key to overcoming Cruz's ‘natural born’ problem.

216 posted on 01/25/2016 6:48:04 AM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: Just mythoughts
I think this gets "hot" before the RNC convention. July 18-21. Hillary won't get a direct whack at Cruz, he won't be nominated just on votes.

But, the longer he stays in, the more people talk about this eligibility thing. So, keep him in. Have him fight using procedure. At some point, some judge is going to take the bait. where it goes from there will be amazing. Could be swept under the rug by the press, no matter if or when the courts pick it up on the merits. Worst case is status quo, the people remain "stupid" on the meaning of NBC, and the PTB get to set naturalized citizens in the office. NBC clause is dead by neglect now, it has nowhere to go but up.

217 posted on 01/25/2016 7:07:34 AM PST by Cboldt
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To: Cboldt

Your link to the 2015 Thomas v. Lynch case doesn’t work. Very interested in this. Can you please provide another link? Thanks!


218 posted on 01/25/2016 9:59:56 PM PST by 2pets
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To: 2pets
Thomas v. Lynch, No. 14-60297, 5th Circuit, 2015

Sorry about that, I don't know what happened.

219 posted on 01/25/2016 10:21:11 PM PST by Cboldt
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To: Cboldt

Thanks! VERY useful!


220 posted on 01/26/2016 4:50:45 AM PST by 2pets
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