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Ted Cruz Not Eligible To Be POTUS, According to Most Plausible Interpretation of Constitution
Hot Air ^ | 2/10/16

Posted on 02/10/2016 1:55:32 PM PST by drewh

With Ted Cruz the victor of the first contest of the GOP nominating calendar, we can no longer avoid the question mischievously posed by Donald Trump: Is Cruz ineligible to be president? Cruz was born in Canada to an American mother and a Cuban father. The Constitution says that only a “natural born citizen” can be president. Is Cruz a natural born citizen? (You may recall that before he attacked Cruz on this front, Trump spent months flogging a ludicrous version of this critique against President Obama, who was actually born in the United States, unlike Cruz.)

The words natural born citizen, and their original meaning at the time that this constitutional clause was crafted, go a long way to answering this question. In founding-era America, like today, a person could be a citizen by virtue of birth on American territory; a citizen by virtue of a statute that granted citizenship to him at birth; a “naturalized” citizen, meaning one who entered the country as an alien but later obtained citizenship via a process determined by law; and a foreigner.

A natural born citizen cannot be a foreigner. Foreigners are not citizens. A natural born citizen cannot be a person who was naturalized. Those people are not born citizens; they’re born aliens. Most important for the purposes of the Cruz question, a natural born citizen cannot be someone whose birth entitled him to citizenship because of a statute—in this case a statute that confers citizenship on a person born abroad to an American parent. In the 18th century, as now, the word natural meant “in the regular course of things.” Then, as now, almost all Americans obtained citizenship by birth in this country, not by birth to Americans abroad. The natural way to obtain citizenship, then, was (and is) by being born in this country. Because Cruz was not “natural born”—not born in the United States—he is ineligible for the presidency, under the most plausible interpretation of the Constitution.


TOPICS: Editorial; Front Page News; News/Current Events; Politics/Elections; US: Illinois; US: South Carolina
KEYWORDS: birther; birtherama; canadian; cruz; cruznbc; ericposner; ineligible; lies; tinfoilhat
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To: WalterSkinner

Congress-lowlife Alan Grayson has already promised a lawsuit if Cruz is nominated.


21 posted on 02/10/2016 2:04:20 PM PST by Dalberg-Acton
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To: drewh

22 posted on 02/10/2016 2:04:28 PM PST by justlittleoleme (Do not be overcome by evil, but overcome evil with good.)
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To: SubMareener

“They don’t care about the Constitution in this case.”

Yeah we do. Circulating stuff on the internet doesn’t make him any less eligible. So take it to court since you’re so sure.


23 posted on 02/10/2016 2:04:30 PM PST by Durbin
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24 posted on 02/10/2016 2:05:23 PM PST by Heartlander (Prediction: Increasingly, logic will be seen as a covert form of theism. - Denyse O'Leary)
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To: drewh

Then neither is Marco Rubio.


25 posted on 02/10/2016 2:05:46 PM PST by fwdude
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To: hoosiermama
This was poster earlier - son of the United States Court of Appeals for the Seventh Circuit judge Richard Posner.

http://ericposner.com/would-a-court-black-cruz-from-the-presidency/ <- no hits for slate

26 posted on 02/10/2016 2:06:43 PM PST by Cboldt
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To: Durbin

Not to worry, if he wins the nomination the Democrats will take it to their favorite Obama judge.


27 posted on 02/10/2016 2:07:42 PM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR!)
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To: Pravious

Settled as courts have ruled.


28 posted on 02/10/2016 2:08:14 PM PST by svcw (An armed man is a citizen, an unarmed man is a subject)
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To: svcw

..I seem to remember some dimwit lawyer being disbarred for it LOL...


29 posted on 02/10/2016 2:09:00 PM PST by WalterSkinner ( In Memory of My Father--WWII Vet and Patriot 1926-2007)
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To: SubMareener

“Not to worry, if he wins the nomination the Democrats will take it to their favorite Obama judge.”

Wait, so you mean you Trump supporters are too lazy to do it yourselves?


30 posted on 02/10/2016 2:09:47 PM PST by Durbin
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To: Dalberg-Acton

..maybe Trump can get his endorsement...


31 posted on 02/10/2016 2:09:49 PM PST by WalterSkinner ( In Memory of My Father--WWII Vet and Patriot 1926-2007)
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To: Dalberg-Acton

Ted NEEDS to take care of this NOW!!!!!


32 posted on 02/10/2016 2:10:44 PM PST by Kit cat (OBummer must go)
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To: Durbin

No standing.


33 posted on 02/10/2016 2:10:45 PM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR!)
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To: drewh

34 posted on 02/10/2016 2:10:46 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: drewh

Its the doubt....

Will my vote be nulled if i voted for this candidate?

The talk isn’t ending, regardless of the oh no not this again.


35 posted on 02/10/2016 2:11:28 PM PST by Daniel Ramsey (You don't have to like Trump, his enemies certainly don't.)
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To: drewh

Zzzzzz


36 posted on 02/10/2016 2:13:12 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Pravious

We saw how that turned out for Obama. And since then we have learned more.

For example, I thought it was an issue that Obama was an Indonesian citizen as a child. But then I realized China could declare anyone that they don’t want to be President as a citizen of China.

So the key is how did you become a US Citizen? Was it via naturalization or were you a citizen at birth? If at birth you’re good to go.


37 posted on 02/10/2016 2:13:27 PM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: Cboldt

Thanks


38 posted on 02/10/2016 2:14:10 PM PST by hoosiermama (Make America Great Again by uniting Great Americans!)
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To: SubMareener

Whatever your opinion may be, it is true that all of the past 44 presidents to date have been born in one of the 50 U.S. states.

39 posted on 02/10/2016 2:14:17 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: SubMareener

Without a doubt the best presidential candidate in 2016. The only pure constitutional conservative in the race.


40 posted on 02/10/2016 2:14:25 PM PST by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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