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Bad news for Ted Cruz: his eligibility for president is going to court
Vox ^ | 02/18/16 | Dara Lind and Jeff Stein

Posted on 02/19/2016 6:36:53 AM PST by Enlightened1

The problem: the meaning of "natural-born citizen"

Here is what the Constitution says about who can be president:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

The problem is the Constitution doesn't define "natural born Citizen." Neither does any current law. And no one has ever brought a court case to decisively settle the question as a matter of US law.

There are three ways someone can be a US citizen. He can be born in the US (regardless of who his parents are). He can be born outside the US to at least one US citizen parent, as long as certain criteria are met (those criteria are set by federal law and have been changed over time). Or he can immigrate here and then successfully apply for citizenship, a process called naturalization.

Everyone agrees that the first category of people are natural-born citizens. Everyone agrees that the third category of people are not natural-born citizens (regardless of how unfair it might be that immigrants can't be president). But Ted Cruz is in the middle category, and this is where the meaning of "natural born" starts to get fuzzy.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Philosophy; Politics/Elections
KEYWORDS: birthers; citizen; citizenship; court; cruz; cruznbc; cruznbccourt; eligibility; nbc; president; tinfoilhat; trumpites; truthers
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To: Sacajaweau

The 14th amendment is adequate to disqualify Cruz. It does not do the same for Rubio, and it (the 14th amendment) does not alter or define NBC.


121 posted on 02/19/2016 7:28:16 AM PST by Cboldt
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To: MayflowerMadam

There’s a reason every candidate does their own internal polling (which they keep to themselves) and doesn’t rely on media polls.


122 posted on 02/19/2016 7:28:23 AM PST by circlecity
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To: null and void

you sound like and expert in this area as i am not. As for Jarrett, i guess thatwould be right, horribly contemplated. but if the ruling is be born of two american parents, and on American soil, so be it. I am not a Cruz supporter but i dont doubt his loyalty to the U.S.


123 posted on 02/19/2016 7:28:31 AM PST by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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To: hoosiermama
It is a Carson supporter who filed this action
___________________________________________
It would have to personally be Carson, not a supporter. Even with Carson it may not be good enough for some slippery Federal judges. I remember in California when Orly filed a challenge with Alan Keyes, who, I think got on the California ballot, but the court nonetheless dismissed on the grounds that he was not a ‘viable’ candidate with any chance of winning so he was not meaningfully harmed. Go figure. Their excuses seem to be boundless. Another consideration, if the challenge is filed by a candidate too late in the campaign cycle, they may apply some type of laches theory to the action. Bottom line, if they can avoid doing their job on this one, they will.
124 posted on 02/19/2016 7:29:45 AM PST by iontheball
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To: centurion316
"this clause is present in order to prevent a subject of the King of England becoming President"

Why would they want to prevent a subject of the King of England from becoming President? For exactly the same reason that we would not want a President influenced by foreign powers at this time. The question is far from moot!

125 posted on 02/19/2016 7:29:49 AM PST by JayGalt (Come not between the nazgul and his prey.)
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To: TigerClaws
Ben Carson and the rest are the candidates most hurt by the ineligible candidates Cruz and Rubio being in the race, but the rest of US are hurt more.

The nation's integrity, our nationalism and the very definition of our American identity are the stakes in this card game the demonrats and the republicans have been playing since 2008.

I pray to God that we, the people, finally come to our senses and get back to following The Rules again.

126 posted on 02/19/2016 7:30:31 AM PST by GBA (Here in the matrix, life is but a dream.)
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To: freedomjusticeruleoflaw

Nowhere in my post did I purport to define NBC. What I said was that the 14th amendment disposes of the Cruz case. Cruz is naturalized. Saying a person is naturalized does not define NBC, but defining NBC is not necessary to decide the case of a naturalized person.


127 posted on 02/19/2016 7:30:46 AM PST by Cboldt
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To: Durbin

“Why is Ben Carson still in the race?”

He wants to be. He has the right to be. He is, without doubt, ELIGIBLE to be.

Why are two top candidates whose eligibility is in question still in the race? If they loved America more than themselves, they would step aside and do the right thing instead of subjecting the country to months of future chaos.


128 posted on 02/19/2016 7:31:25 AM PST by MayflowerMadam (Romans 8:38-39)
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To: Tulsa Ramjet

I agree on an AG spot for Cruz. Why Kasich, out of curiosity? What do you see there?

Not picking a fight, genuinely curious.


129 posted on 02/19/2016 7:31:31 AM PST by Psalm 144 ("Of all the enemies to public liberty war is, perhaps, the most to be dreaded" - James Madison)
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To: centurion316
Even strict original intent crowd believe that this clause is present in order to prevent a subject of the King of England becoming President. This issue is moot.

The current occupier was a dual US Citizen (through his mother's citizenship) and British Subject (through his father's citizenship).

It's working out as well for us has having a Corsican leader did for France, an Austrian for Germany, and a Ukrainian for Russia...

130 posted on 02/19/2016 7:32:02 AM PST by null and void (This is "They live", and most people would rather fight you than put on the glasses...)
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To: Enlightened1

What about Cruz father? Where was he born? What was his nationality? What country was he a citizen of? Where did he live when Cruz was born? Seems like these would have some effect on the outcome.


131 posted on 02/19/2016 7:32:07 AM PST by Rennes Templar (I'm pro gun control: keep your guns under your control at all times.)
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To: Lib-Lickers 2

That’s nothing. Illegals from anywhere can drop a baby here that is elegible to be Prez because they were born on this soil but no American parent??? Give me Cruz.


132 posted on 02/19/2016 7:32:26 AM PST by Hattie
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To: SeekAndFind

I’m with you, this is not bad news, despite what the [un]enlightened1 might think. I was actually hoping it would happen sooner.

I just wonder why none of these “Republicans” so concerned with Cruz’s eligibility never challenged Obama’s eligibility...


133 posted on 02/19/2016 7:32:41 AM PST by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: FourtySeven

I’ve looked for a docket entry, and have not found one. I waould also like to read the Cruz response. I have sseen the Cruz response and Memorandum of law submitted in the Electoral Board case (below), and am curious what adjustments, if any, were made going to the courthouse.


134 posted on 02/19/2016 7:32:51 AM PST by Cboldt
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To: iontheball

Carson can personally attach himself to the suit at any time with a paragraph petition to the court.


135 posted on 02/19/2016 7:33:20 AM PST by hoosiermama (Make America Great Again by uniting Great Americans!)
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To: SeekAndFind
"As a Cruz supporter, I actually see this as good news."

Same here. Get it settled and done with.

AND I like the precedent. ALL candidates should be challenged on their eligibility to be POTUS!

136 posted on 02/19/2016 7:33:40 AM PST by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: JayGalt

ok dude, you lost me, so do u think a child born overseas to one american citizen is american or not? what if she was a single mom? i dont have a dog in this commentorial fight and im not an ardent Cruz supporter, but i agree if it is as truly muddles as its being portrayed then the court should rule and we move on.


137 posted on 02/19/2016 7:33:45 AM PST by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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To: JayGalt

ok dude, you lost me, so do u think a child born overseas to one american citizen is american or not? what if she was a single mom? i dont have a dog in this commentorial fight and im not an ardent Cruz supporter, but i agree if it is as truly muddles as its being portrayed then the court should rule and we move on.


138 posted on 02/19/2016 7:33:46 AM PST by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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To: Durbin

[So he only cares about himself and how he can personally benefit from this. Got it.]

You’re just chapped because because it’s affecting your preferred candidate. Your comment is so transparent.

If Cruz were doing this to Trump or anyone else, you’d be singing his praises.


139 posted on 02/19/2016 7:33:46 AM PST by ObozoMustGo2012
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To: JayGalt
"212. Of the citizens and natives." "The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.

*********

And that father in Edward's case would be Cuban or Canadaian, would it not?

140 posted on 02/19/2016 7:34:19 AM PST by deport
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