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05-24-2013, 09:23 PM #1
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Texas Republican Sen. Cruz eligible to be president should he decide to run
Texas Republican Sen. Cruz eligible to be president should he decide to run
Published May 19, 2013
FoxNews.com
FILE: March 16, 2013: Sen. Ted Cruz, R-Texas, speaks in National Harbor, Md. (AP)
Texas Republican Sen. Ted Cruz was born in Canada but is qualified to become president should he mount a campaign in 2016 or beyond.
Cruz was born in Calgary, and his father is from Cuba. But the Republican senator’s mother is from the first state of Delaware, which appears to settle the issue.
Government officials didn’t exactly have to scramble for the information amid speculation the firebrand freshman senator was contemplating a presidential run and might be ineligible, considering similar questions about President Obama’s birth prompted the Congressional Research Office to compile a 2009 report to try to resolve the issue.
The 14-page report by the non-partisan office’s legislative attorney Jack Maskell essentially states the Constitution sets out three eligibility requirements to be president: one must be at least 35, a resident within the United States for 14 years and a “natural born citizen.”
The report states "the weight of scholarly legal and historical opinion appears to support the notion that 'natural born citizen' means one who is entitled under the Constitution or laws of the United States to U.S. citizenship 'at birth' or 'by birth,' including … those born abroad of one citizen parent who has met U.S. residency requirements."
However, Maskell points out in an expanded, Nov. 2011 memorandum “there is no Supreme Court case which has ruled specifically on the presidential eligibility requirements, although several cases have addressed the term ‘natural born’ citizen. And this clause has been the subject of several legal and historical treatises over the years, as well as more recent litigation.”
Cruz has excited the Republican Party’s conservative base during his first five months in the Senate – while annoying moderates – by opposing everything from Obama Cabinet nominations to the bipartisan Senate immigration bill.
The 42-year-old Cruz has yet to publicly announce his intentions, but in front of a microphone he talks mostly about big-picture national issues, with most of the presidential buzz coming from supporters.
“I’ve been in 25 cities in the last few months, all I have to do is mention Ted Cruz’s name, and they stand up and cheer,” former South Carolina Republican Sen. Jim DeMint said at a state party dinner earlier this month. “They’re hungry for someone who’s not afraid, willing to stand up and trying to change the status quo.”
Obama’s eligibility was questioned by a group of people labeled birthers because they though his Hawaii birth certificate was fake and that he was born in Kenya. His mother was from Kansas and his father from Kenya.
Others have faced similar questions including Obama’s 2008 presidential opponent Arizona Republican Sen. John McCain.
McCain was born on a military installation in the Panama Canal Zone where his mother and Navel officer father were stationed. And George Romney, father of 2012 Republican presidential nominee Mitt Romney, was born in Mexico but still ran for president in 1968
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05-24-2013, 09:24 PM #2
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Ted Cruz is …
by Steve Deace on May 23, 2013
Senator Ted Cruz made the press grab their chests in pain and conservative hearts go all a twitter all at the same time when he suggested he might be interested in running for president. Apparently, his revelation had a few wonks rush to do some fact-checking.
Foxnews.com reports that a 14-page report put out by the Congressional Research Office seems to answer the inevitable questions about Cruz’s eligibility due to the fact he was born in Canada. He is, in fact, eligible should he decide to run.
I don’t know that the report itself is really the news here, though. The fact Foxnews (and others) is reporting on it is really the story. Cruz, in five months, has people sitting up and taking notice.
This post was written by Jen Green for Steve Deace.
Tagged as: cruz 2016, is ted cruz eligible to run for president, jen green, steve deace, ted cruz
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05-24-2013, 10:54 PM #3
Personally I like how he's shaking up the establishment elites of both parties.
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05-25-2013, 11:45 PM #4The report states "the weight of scholarly legal and historical opinion appears to support the notion that 'natural born citizen' means one who is entitled under the Constitution or laws of the United States to U.S. citizenship 'at birth' or 'by birth,' including … those born abroad of one citizen parent who has met U.S. residency requirements."
The Constitution, Article 2, Section 1, Clause 5, establishes that the President must be a “Natural Born Citizen” at the time the Constitution was written, and at the time “Natural Law” was a Fairly new concept.
(1) Natural Born Citizen Came from the Treatise on Natural Law written by Emmerich de Vattel written in 1758 and translated into English in 1765. The is named “Law of Nations or Properties of Natural Law”. Everyone in Law has known since 1791 that a Natural Born Citizen was defined when it was placed in the Constitution.
(2) John Jay sent a memo to George Washington at the Constitutional Convention, requesting that he add that requirement to the Constitution, which Washington did. The meaning per Vattel is, “Born in country of Citizen Parents.
(3) This was taught in Constitutional Law for 200 years. In 1875 a Supreme Court Ruling, Minor V Happersett ruled that the Natural Born Citizen means, “both parents” had to be USA Citizens.
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