The ignorance or intention to obscure the issue by the media is not a surprise after Obama. The issue was not whether Cruz is a citizen, and not even whether he was born a citizen as permitted by the 14th Amendment and subsequent U.S. Code. Cruz was born in Canada and made a citizen by twentieth century extensions of the 14th Amendment. Ted is a U.S. citizen because his mother was a citizen. The issue is natural born citizenship. Congress has no authority to interpret articles of the Constitution. Everywhere the media mention “born U.S. citizens” whether talking about Cruz, Rubio, Jindal or Haley, they leave out the critical qualification to citizenship, “natural born”. The two Cuban and two Indian immigrants were made citizens at birth by the 14th Amendment, and Amendment that never mentions natural born citizenship. All four were made citizens by interpretations of the 14th Amendment, an Amendment that derives its authority from Article 1 Section 8, Congress’ mandate to create an uniform rule for NATURALIZATION.
We’ll watch what federal judges do to avoid this issue, but Minor v. Happersett and Wong Kim Ark, and Perkins v. Elg, and dozens of cases where natural born citizenship is used correctly, but dictum, because it isn’t necessary to the decision, exist. Federal Judges, as we saw so dramatically with Barack Obama’s eligibility, will lie, refer to state law, or deny standing. Barack, who had Cruz’ constitutional law professor Larry Tribe before Cruz, took care never to declare himself a natural born citizen. He knew he would not be asked. Ted knew he would be asked, and has recanted his position of Constitutional originalism since his days with Larry at Harvard. Larry has called Ted a hypocrite since Larry himself subscribes to a “Living Document” philosophy, like Barack, who said the constitution was an interesting historical artifact, but not relevant after two hundred twenty years.
From the US Constitution:
Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."
The above excerpt demonstrates that there is no limitation whatever to the content of amendments to the Constitution, with the exceptions above, one of which has expired.
The Fourteenth Amendment derives its authority from the explicit authority granted to Congress and the States to amend the Constitution. No other authority was required.
Interestingly, the method of amending the Constitution excludes explicitly the authority to cause any state to have a different number of Senators than any other state. By implication, changing such suffrage would apparently require writing and ratifying a new constitution and somehow disposing of the existing one.