Posted on 02/02/2016 4:36:59 PM PST by 11th Commandment
On the same day he won the Republican Iowa caucus, Sen. Ted Cruz of Texas got a favorable decision from the Illinois Board of Elections, which ruled that he met the citizenship criteria to appear on the state's primary ballot.
Two objectors, Lawrence Joyce and William Graham, had challenged Cruz's presidential bid with the board, contending that his name should not appear on the March 15 ballot because his candidacy did not comply with Article II of the Constitution.
In response to the filings, Cruz's lawyers relied on Supreme Court precedent, legal history and articles from noted constitutional scholars to defend the view that he is in fact "natural born" within the meaning in the Constitution.
(Excerpt) Read more at huffingtonpost.com ...
Yet it is a law passed by Congress and Congress can only pass naturalization laws.
Anybody who establishes their citizenship based upon a law passed by Congress has been naturalized.
It's that simple, but, please, keep citing an Act of Congress as your vehicle of preference. It simply makes my job easier.
Although the consular report of birth abroad shares some features with a passport, it is historically associated with naturalization, not foreign affairs. In order to establish a "uniform Rule of Naturalization," Congress must be able to identify the categories of persons who are eligible for naturalization, along with the rules for that process. Congress thus has always regulated the "acquisition of citizenship by being born abroad of American parents . . . in the exercise of the power conferred by the Constitution to establish a uniform rule of naturalization." United States v. Wong Kim Ark, 169 U. S. 649, 688 (1898) ; see also Miller v. Albright, 523 U. S. 420, 456 (1998) (Scalia, J., concurring in judgment) (recognizing that "Congress has the power to set the requirements for acquisition of citizenship by persons not born within the territory of the United States"). It has determined that children born abroad to U. S. parents, subject to some exceptions, are natural-born citizens who do not need to go through the naturalization process. 8 U. S. C. S:S: 1401(c), (d), (g).On their face, the bolded passages are conflicting on the question of a 1401(g) person being naturalized.
Cruz's memo also cites McCain precedent and S.Res. 511, old-man Romney, and a CRS publication.
Finally, it cites the applicable naturalization law as evidence that Cruz was not naturalized.
IL State board response - includes Cruz argument - 58Mb pdf file
A natural born citizen of the United States cannot be anything else. Period. I was born in the United States, my parents were citizens of the United States. No matter how much I might think it cool to have dual citizenship or be a natural born citizen of somewhere else, I cannot, physically impossible because I was born here.
Anyone who can be a natural born citizen of another country or have dual citizenship with another country due to birth cannot be a natural born citizen. Period.
He has been posting on this topic long before trump.
You are incorrectly conflating the Supreme Court's decision in Marbury vs. Madison with something from the Constitution itself. But both the Executive and the Legislative branches have the responsibility to interpret the Constitution, and to act as a check and balance against the other branches incorrectly interpreting the Constitution. For example, if the Congress and the President decided that Roe v. Wade was incorrect, they Congress could pass a statute that overturned it, and could remove the jurisdiction of the courts to rule on the statute.
Consider:
Cruz is nominated. Clinton is nominated.
Cruz is found ineligible. Clinton is indicted.
Obama remains in office during the “emergency”.
The issue demands immediate resolution.
oh dear!
Yes,
Natural born Citizen:
Born to U.S. citizen parents on U.S. soil.
Naturalized:
Anyone else
Most of the GORONS on this thread are being deliberately obtuse because you really want a Canadian or Cuban President after ‘our’ Kenyan one:
Pull your heads out of your puckered sphincters.
Your analysis is lacking. But even taking your proposition as true, Cruz was naturalized according to the rule of law that is applied in thousands of born-abroad citizenship cases decided every year.
Okay - another member in my “idiot box” and I trust you will put me, in yours.
In case you do not know this character is a lawyer... He does not even know what natural born, under original intent is... and has a law license. Everything this character claims is suspect.
Given her interpretation of the immigration statute...I am wondering if she really is a lawyer. P!us as someone pointed out...she used the wrong one
Okay - another member in my “idiot box†and I trust you will put me, in yours
why? I only consider liberals to be idiots. Conservative/Libertarians, are smarter than them even if we disagree.
I pinged an awesome attorney who also is a wonderful teacher...ask away
Excellent! I would look forward to some constitutional law opinion by an unbiased observer.
I support Trump, I have since the day he announced. I acknowledge that Trump used the birther issue to beat Cruz over the head with...hey its politics. It was the tool he had.
As for Cruz getting a decision with the Illinois Sec of State regarding his status. If no one challenges the Sec of State ruling, then perhaps it will hold.
Look like I said I support Trump, I also support Cruz. I wish Trump would grow a bit as a candidate and I don’t know if it is possible. Cruz is unelectable in the general. He just doesn’t have the charm or charisma. It is not all about ideology. There is a certain “something” that steers us to choosing a leader. Quite frankly, if Cruz asked me to follow him up the hill, I don’t know if I would. With Trump it is different. Two different types of men.
Ever go to a function and there is a guy/gal in the room that everyone wants to be around. Trump has that. Cruz does not. Reagan had that affable nature too. (I am not suggesting that Trump is Reagan.)
Rubio is a putz. He IS the GOPe candidate. read this: http://tinyurl.com/RubioDecieves Rubio is gaming us. He says one thing in English and another in Spanish. This is one example and I am sure there are others. All Trump has to do is run an ad with this. As for Cruz, all Trump needs to do is run and ad refering to the NAU and ask which candidate has their finger in that pie.
If Trump wants to get tough, (but not evil)...all he has to do is ask what do the super-donors want. Mercer has a $6B IRS problem. Would Ted, if elected make it go away? Thats a fair question. What shennanigans do Rubio’s Super-donars want?
Trum could hit at the move toward the cash-less society if he wants to create FUD and scare the bejesus out of the electorate. Bring up the spectre of Greece and the plans for the US to create a bali-in program.
Ask if the democrats are National Socialists or International Socialists.
There is a path for Trump...he needs to get off the twitter.
Anyway, good news for Cruz. Remember, the battle is between the Globalists and the Nationalists. In my opinion, with either Cruz or Rubio its the GLobalists. With Trump...he is not a conservative, nor a liberal, but an American. Most Americans have positions that straddle both lines.
This election is a mess once again. I have that feeling of dread. American is being sold down the river and we may have to depend on a flawed blustery showman to stop the sale.
Are you a lawyer? Do you have a clue what a birthright is? Or what the word ‘firstborn’ means.
The "law" you keep using is a naturalization law, the only kind of law Congress is empowered by the Constitution to enact.
Please do, however, keep using that naturalization law as your erroneous vehicle of choice.
I'm sorry, but you are mistaken. He was not, "naturalized" he was a citizen at birth, by definition, according to the law at the time and circumstance of his birth (natural citizenship).
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