Page 1 of 4 1234 LastLast
Results 1 to 10 of 36
Like Tree28Likes

Thread: Is Ted Cruz eligible to be President?

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    MW
    MW is offline
    Senior Member MW's Avatar
    Join Date
    Jun 2006
    Location
    North Carolina
    Posts
    25,717

    Is Ted Cruz eligible to be President?

    Is Ted Cruz eligible to be President?

    By Jeremy Diamond, CNN
    Updated 6:57 AM ET, Wed January 6, 2016


    CNN)Sen. Ted Cruz announced Monday that he is running for President -- but is he eligible?
    Cruz doesn't hide the fact that he was born in Canada and he definitely believes he's eligible to run the country.

    "The facts are clear," Cruz said Monday in an interview on Fox News. "It's been federal law for over two centuries that the child of an American citizen born abroad is a citizen by birth, a natural born citizen."


    And Cruz -- who bills himself as an ardent defender of the constitution -- has the backing of most legal experts and U.S. case law, according to a 2011 Congressional Research Service study.


    Cruz is older than 35 (check!), has resided in the U.S. for more than 14 years (another check!), and the only remaining question is whether he qualifies as a natural-born citizen (mostly-check).

    The yes-he-is argument goes like this: Cruz's mother was a U.S. citizen when she gave birth to her son, and even though the future senator from Texas experienced his first moments north of the U.S. border with Canada -- until age 3, actually -- he didn't have to petition for citizenship.

    Cruz formally gave up his Canadian citizenship in 2014 -- prior to that he held dual citizenship status.

    Children of Americans born anywhere in the world are automatically American citizens -- as opposed to naturalized citizens.

    And if you're not a naturalized citizen, then natural born is the only other option.
    That hasn't stopped the birther train from revving up again. Business mogul Donald Trump, who bolstered birthers' claims that President Barack Obama was born in Kenya, suggested Monday that Cruz might not be eligible to be commander-in-chief.

    "He was born in Canada," Trump, who is considering a presidential run of his own, said Monday on MyFoxNY. "If you know and when we all studied our history lessons, you are supposed to be born in this country, so I just don't know how the courts will rule on this."

    And while Trump is almost certainly wrong in his legal conclusions, Trump's comments do raise the specter of a legal challenge.

    Cruz has a long, long road to come close to cinching the Republican nomination, let alone winning the general election. But if the White House is ever witin Cruz's grasp, it's almost certain someone would challenge his eligibility in court.

    That, at least, would settle questions over the exact meaning of natural born citizen, for good.
    So, a Canadian-born senator from Texas sitting in the Oval Office (and not just on the couch) is definitely possible -- at least, constitutionally.

    http://www.cnn.com/2015/03/24/politi...ons/index.html



    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts athttps://eepurl.com/cktGTn

  2. #2
    Senior Member Judy's Avatar
    Join Date
    Aug 2005
    Posts
    55,883
    And if you're not a naturalized citizen, then natural born is the only other option.
    There are:

    1. natural born citizens born on US soil to 2 US citizen parents
    2. native born citizens under the 14th Amendment born in US (Barack Obama)
    3. native born citizens under Wong Van Ark Supreme Court ruling born on US soil to non-citizens (Marco Rubio, Bobby Jindal)
    3. citizen by law subject to the naturalization act that includes foreign born citizens of 1 citizen (Ted Cruz)
    4. citizen by law subject to the naturalization act that includes foreign born citizens of 2 citizens (John McCain)
    5. citizen by law subject to 14th Amendment born to 1 citizen (Barack Obama)

    There is only one group of citizens who are citizens not subject to the 14th Amendment, Supreme Court Ruling or Statute, and that is a natural born citizen, someone who was born in the US to 2 US citizens.

    If you achieve your citizenship through the 14th Amendment, you are not a natural born citizen.

    If you achieve your citizenship through provisions in the US Naturalization Act, even if one or both parents are citizens, you are not a natural born citizen.

    If you achieve your citizenship through a Supreme Court Ruling, you are not a natural born citizen.

    If you achieve your citizenship through a combination of court, law or 14th Amendment, then you are not a natural born citizen.

    A natural born citizen under Article II of the US Constitution is someone whose citizenship that derives from blood and soil, not by law, statute, Amendment to Constitution, Kings or Queens, but by nature alone. It is citizenship that doesn't change, that can't be disputed, that doesn't require foreign documents, that doesn't require a naturalization act, that doesn't require a 14th Amendment, that doesn't require anything is the pure all-natural posterity of our nation of citizens.

    Every informed American has known this since the beginning of our country and they didn't have "google" and they didn't need to consult with "experts" to know that children of foreign nationals and.or born on foreign soil are not eligible to hold the office of President or Vice President of the United States.
    Last edited by Judy; 01-10-2016 at 04:32 PM.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn

  3. #3
    Super Moderator imblest's Avatar
    Join Date
    Apr 2006
    Location
    North Carolina
    Posts
    8,320
    If Obama was eligible, then we'd be shooting ourselves in the foot to say that Cruz is not. You just don't want anyone but Trump to be President so you are shooting down everyone else who is running. What if Trump doesn't get the nomination and Cruz does? Will you vote Hillary instead of Cruz?
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  4. #4
    Senior Member Judy's Avatar
    Join Date
    Aug 2005
    Posts
    55,883
    5. citizen by law subject to 14th Amendment born to 1 citizen (Barack Obama)
    Obama wasn't eligible.
    Last edited by Judy; 01-10-2016 at 04:33 PM.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn

  5. #5
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    99,040
    Is Ted Cruz a 'natural born Citizen'? Not if you're a constitutional originalist.


    Republican presidential candidates Donald Trump and Sen. Ted Cruz interact during the CNN Republican presidential debate in Las Vegas on Dec. 15.
    (Justin Sullivan / Getty Images)



    Thomas Lee

    Article II of the Constitution states: “No Person except a natural born Citizen . . . shall be eligible to the Office of President.” Donald Trump thinks Sen. Ted Cruz is not a “natural born Citizen” and that he is therefore constitutionally ineligible to be president. Is Trump right?

    Cruz was born in 1970 in Calgary, Canada, to a U.S. citizen mother and a Cuban citizen father. As to his Article II status, it's all in how you read the Constitution.


    There are three leading theories of how to interpret the Constitution today.

    One is textualism: the Constitution means what its words say. The historical context of the words is important when a modern plain meaning is not self-evident.

    A second theory, adopted by many liberals, relies on a “living Constitution”: the Constitution means what is most consistent with fundamental constitutional values as applied to present circumstances.

    The third theory, championed by many leading conservatives, is originalism: The Constitution means what ordinary people would have understood it to mean at the time it was ratified, which is 1788.


    People looking to the Supreme Court to settle the debate once and for all are likely to be disappointed.-



    Under either a textualist or a “living Constitution” theory, Cruz is a “natural born Citizen,” eligible to be president; under an originalist view, however, he isn't. It's the conservative theory that would exclude the conservative Cruz from presidential eligibility.

    To an originalist, a “natural born Citizen” is a person who is a citizen of the United States under “natural” principles of law in 1788. Two such principles were then in play in the U.S. Jus soli — the law of soil — was the principle that a child was subject or citizen of the sovereign who ruled the land or seas on which the child was born. Jus soli was viewed as a part of the common law of England, which was adopted by the American states. Jus sanguinis — the law of blood — held that a child's citizenship flowed from the parents' allegiance, regardless of place of birth. This principle was prevalent in continental Europe, and in England it was the basis for an exception to jus soli for children born there to foreign ambassadors.


    The principle of jus sanguinis in 1788 applied to patrilineal descent only: A person born in a foreign country was viewed as a “natural born Citizen” of his or her father's country. However odious it seems today, a child born of a woman whose citizenship was different from her husband's — much rarer then than today — could not be a “natural born Citizen” of the mother's country. That idea wasn't even considered until 1844 in Victorian England.

    The upshot is that to an originalist, someone like Cruz — born in a foreign country (and therefore not a natural born citizen of the United States by jus soli) and to a Cuban citizen father (and therefore not a natural born citizen of the United States by jus sanguinis ) — is not eligible to be president.


    Hold the 'birther' controversy: Ted Cruz is a natural born American

    In a textualist view of the Constitution, historical context is also important because “natural born Citizen” has no modern plain meaning and the words don't appear anywhere else in the Constitution. Textualists, by contrast to originalists, favor written statutes in mining historical context. In this case, two American laws enacted in 1784 and 1790 are applicable, along with older English statutes which use the similar words “natural born subject.”

    In 1784, the Maryland Legislature extended “all the Immunities, Rights and Privileges of natural born Citizen” to the Marquis de Lafayette “and his heirs Male forever.” And, in 1790, Congress passed a law stating that “the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States shall be considered as natural born Citizens.” It didn't specify which parent, mother or father or both, but the background principle of jus sanguinis leads to the conclusion that it referred to American fathers.


    The 1790 statute, however, was not intended to address presidential eligibility. Rather, like earlier English statutes that referred to “natural born subjects,” it exempted children born abroad from the need to follow any other procedures (“to naturalize”) in order to be considered citizens. Then in 1940, Congress passed a statute dispensing with the need for a child born abroad to a U.S. citizen mother to naturalize.


    Taken all together, these laws would cause a textualist to conclude that Ted Cruz, born in Canada to a U.S. citizen mother in 1970, is a “natural born Citizen” eligible to be president.


    Finally, living constitutionalists would interpret “natural born Citizen” in accordance with present circumstances and social conditions. Supreme Court case law is their main source because judicial decisions reflect an accommodation of legal doctrine with contemporary reality.


    But the Supreme Court has never directly decided the meaning of “natural born Citizen.” Today, a living constitutionalist would likely regard the ancient, sexist patrilineal rule governing the citizenship of a child born abroad as an anachronism. To a living constitutionalist, anyone born anywhere to a U.S. citizen mother or father would qualify to run for president.

    People looking to the Supreme Court to settle the debate once and for all are likely to be disappointed. The federal courts have repeatedly refused to allow voters to bring lawsuits disqualifying presidential candidates on the basis of the “natural born Citizen” clause because voters don't have the proper “standing”— their alleged injury is too generalized to justify a court order of relief.


    But voters do have recourse: The ballot box may be the final arbiter of the constitutional meaning of the clause. In other words, if you are an originalist, vote against Cruz because he is ineligible to be president.


    It's a neat irony: The most conservative constitutional interpreters must find Cruz ineligible to be president; liberals must grin and bear him. Cruz himself purports to embrace originalism as the correct view of the Constitution. To be faithful to his understanding of what the Constitution means, the senator may have to disqualify himself.


    Thomas Lee is a professor of constitutional law and international law at Fordham Law School.

    http://www.latimes.com/opinion/op-ed...110-story.html
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  6. #6
    Senior Member southBronx's Avatar
    Join Date
    Jul 2010
    Posts
    4,758
    i will not vote for any one only trump he is the only one for our .country don't you new's Paper see what going on & listen to what trump has said at all

  7. #7
    Senior Member Judy's Avatar
    Join Date
    Aug 2005
    Posts
    55,883
    Correct! Thank you, JohnDoe2. Yes, Cruz and Rubio should both leave the race because neither one are eligible.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn

  8. #8
    Senior Member southBronx's Avatar
    Join Date
    Jul 2010
    Posts
    4,758
    wtg judy
    your 100 % right again boy your good they all should just pack up & go home

  9. #9
    Senior Member Judy's Avatar
    Join Date
    Aug 2005
    Posts
    55,883
    Quote Originally Posted by southBronx View Post
    wtg judy
    your 100 % right again boy your good they all should just pack up & go home
    EXACTLY!!!

    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn

  10. #10
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    99,040
    Interesting comment from 3/22/15

    @
    Opinion: Sen. Cruz might face birther problem, isn’t that ironic?



    Quote Originally Posted by Judy View Post
    But she is an American Citizen, so what's your point?

    . . . Please do not taint this election with debates over Cruz's citizenship when his mother is a US natural born citizen or anyone else who has at least one parent who is also a natural born citizen. It's not what the founders intended, but that's how and to where our nation has evolved. I have a good friend who was born in Canada to a natural born American woman, and grew up in Canada. He came here on a job to work for a project I was involved in, and there is no better American in the country. My husband was born to 2 US natural born citizens but in a foreign country while the parents were working for an oil company, and there is no better American in the country.

    Let it go and stay on the issues, is my recommendation.
    Last edited by JohnDoe2; 01-10-2016 at 07:29 PM.
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

Page 1 of 4 1234 LastLast

Similar Threads

  1. Replies: 6
    Last Post: 01-10-2016, 06:13 AM
  2. Replies: 0
    Last Post: 01-04-2015, 11:42 AM
  3. Replies: 3
    Last Post: 05-25-2013, 11:45 PM
  4. Why Barack H. Obama Jr. Is Not Eligible To Be President
    By kathyet in forum Other Topics News and Issues
    Replies: 1
    Last Post: 06-29-2011, 12:14 PM
  5. Who's really eligible to be president?
    By JohnDoe2 in forum Other Topics News and Issues
    Replies: 0
    Last Post: 04-20-2011, 09:58 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •