Congress can stop an ineligible person from becoming president or vice president by refusing to certify the electors of an ineligible president-elect.
You’ve got our legal system backwards. Cruz doesn’t have to prove that he is eligible, challengers have to prove that he is ineligible.
Cruz’s attorneys’ legal argument is based on the current law of the land which defines who is a Citizen of the United States at Birth (8 USC 1401)
https://www.law.cornell.edu/uscode/text/8/1401
and case law which says that there is no difference between a Citizen of the United States at Birth and a Natural Born Citizen.
That’s how a Pennsylvania judge just ruled: “Having extensively reviewed all articles cited in this opinion, as well as many others, this Court holds, consistent with the common law precedent and statutory history, that a ‘natural born citizen’ includes any person who is a United States citizen from birth,”—Judge Pellegrini, Elliott v Cruz
so youre saying that an illegal alien of illegal alien parents can be president of the United states just because his mother managed to be rolled over the border by her relatives moments before she gave birth on the US side and under the helpless noses of the local sheriff and his deputies ???
where’s the “subject to the jurisdiction thereof” ???
“(4) 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 the United States ...
Article II, The Constitution of the United States
“Section 1. All person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state in which they reside.”
“Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article”
Article XIV, The Constitution of the United States (Amendment adopted 1868)
so just when did Congress act to include persons born outside the United States 250 years AFTER the Constitution was adopted ???
of parents who were not themselves and caused the child to not be under the jurisdiction thereof of the United States a the time of the birth ???
a child lawfully not a natural born citizen ???
Congress can stop an ineligible person from becoming president or vice president by refusing to certify the electors of an ineligible president-elect.
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My person take is this...
I was born in New Zealand (a British Commonwealth country just like Canada) and immigrated here, becoming an American citizen in 1975...a naturalized citizen, not a NBC...
My son was born in the United States in 1974 to me and my husband, his American citizen father...both of us in the US military at the time..
as I was not an American citizen until 8 months after his birth, he is not eligible to be the president of the United States...
Even though all 3 of us were definitely “under the jurisdiction thereof” at the time of his birth...
Now make Rafael Edward Cruz eligible out of his little rot if you can...
I don’t think that’s true. I think its not like a crime innocent until proven guilty.
Just like applying for any job Cruz and his attorneys need to prove that the statement he signed “that he is a natural born citizen and qualified for the office of POTUS” is backed up by the proper documentation, an US birth certificate or an alternate that is deemed by the Secretary of State to be sufficient to confirm NBC.