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Canadian-born Ted Cruz says “facts are clear” he’s eligible to be president
http://trailblazersblog.dallasnews.com ^ | 07/21/2013

Posted on 07/21/2013 9:20:29 AM PDT by Ira_Louvin

Sen. Ted Cruz rejected questions Sunday over his eligibility to be president, saying that although he was born in Canada “the facts are clear” that he’s a U.S. citizen. “My mother was born in Wilmington, Delaware. She’s a U.S. citizen, so I’m a U.S. citizen by birth,” Cruz told ABC. “I’m not going to engage in a legal debate.” The Texas senator was born in Calgary, where his mother and father were working in the oil business. His father, Rafael Cruz, left Cuba in the 1950s to study at the University of Texas and subsequently became a naturalized citizen.

President Obama has been hounded by critics who contend he was born outside the U.S. and, therefore, ineligible to win the White House. Obama was born in Hawaii. But some Democratic critics have taken the same charge against Obama by so-called “birthers” and turned it against Cruz. The Supreme Court has not definitively ruled on presidential eligibility requirements. But a congressional study concludes that the constitutional requirement that a president be “a natural born citizen” includes those born abroad of one citizen parent who has met U.S. residency requirements.

“I can tell you where I was born and who my parents were. And then as a legal matter, others can worry about that. I’m not going to engage,” Cruz said in the interview with “This Week” on ABC.

(Excerpt) Read more at trailblazersblog.dallasnews.com ...


TOPICS: Heated Discussion
KEYWORDS: 2016gopprimary; canada; cruz2016; cuba; cuban; naturalborncitizen; naturalborncuban; naturalbornsubject; tedcruz; texas
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To: MamaTexan
Unless a person can be born via asexual reproduction, BOTH parents impact the nationality of the child.

So then if citizen Cruz isn't natural-born, then when was he naturalized?

51 posted on 07/21/2013 10:01:29 AM PDT by FreeReign
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To: little jeremiah

I find it fascinating that a foreign born person could come to this country and within 20 or 30 years get themselves elected to Congress.

Some in this country have ancestors who came here 5 generations ago and they can’t even find a job to support themselves.


52 posted on 07/21/2013 10:01:37 AM PDT by ladyjane (For the first time in in a long time I am proud of my country.)
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To: Timber Rattler

Nativist?

You’re out of your mind.

I’m in line with the original intent of the Constitution and 200 years of constiutional scholars and legal minds.

You, otoh....

You’re on the side of 0thugga being a NBC. Nuff said.


53 posted on 07/21/2013 10:01:49 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: Ira_Louvin

Cruz states “he is a citizen” and indeed he is.

Ted Cruz was born in Calgary, Alberta, Canada, December 22, 1970, to a US citizen mother and a Cuban citizen father. He is a natural born citizen of Canada (Canadian Citizenship Act, R.S.C. 1970, c. C-19, s. 5(1,3))

Cruz is a naturalized US citizen (8 U.S.C. § 1401(g))

A citizen is eligible at the time of the adoption of the Constitution, thereafter only a natural born citizen is eligible. A naturalized citizen is most assuredly not a natural born citizen.

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. U.S. Const. art. II, § 1, cl 5.


54 posted on 07/21/2013 10:02:31 AM PDT by Ray76 (An armed society is a polite society.)
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To: Timber Rattler

Cruz can fight perfectly well as a Senator or governor and do a lot of good. More good than setting a precedent that a NBC can be born to a foreign parent and on foreign soil.


55 posted on 07/21/2013 10:02:47 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: txhurl

Let’s make him the President of Texas.... We need one now and we need one bad.....


56 posted on 07/21/2013 10:03:01 AM PDT by eartick (Been to the line in the sand and liked it)
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To: Timber Rattler

Noob....


57 posted on 07/21/2013 10:03:34 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: Regulator
Like Ted Cruz just fine, and in his defense, his father naturalized so it’s not the same situation as BHO Sr.

Interesting situation.

Both were born to American mother and non-citizen father.

The real difference is not that Cruz's father later natualized, it's that Cruz was born outside USA while Obama was born in country.

Personally, I'm of the belief that citizen at birth = natural born, but I respect (some of) those who believe otherwise.

I wish the Supremes would rule specifically on the issue so we could stop arguing about it.

58 posted on 07/21/2013 10:04:44 AM PDT by Sherman Logan
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To: righttackle44

Vote for Jeb Bush then, the pro amnesty anointed royalty about to be shoved down your throat.


59 posted on 07/21/2013 10:06:03 AM PDT by DaxtonBrown (http://www.futurnamics.com/reid.php)
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To: Ira_Louvin

I have been amazed by the number of people who simply ASSUMED that there are “procedures” in place to vet Presidential candidates. Even educated people. There are NONE. There is no legislation, there are no questionnaires, there are no interviews with the FBI or CIA. Nothing. For the “vetting” of Soetoro, we were entirely dependent on the personal integrity and intellectual honesty of Nancy Pelosi.

The matter is 100% in the hands of the electorate. If they don’t make it impossible for a non-citizen (Soetoro), let alone a non-NBC, to be “elected” “President,” there is absolutely no recourse.

Obviously, if you don’t want some part of the Constitution to be a dead letter, you must pass enabling legislation, and follow it up with unrelenting political pressure for enforcement. Nobody has done any such thing when it comes to the usurpation of the Presidency by a non-citizen—i.e., Soetoro.

Oh, well. Maybe Soetoro really is Frank Marshall Davis, Jr., which makes him a NBC.

Given his record, I will vote for Ted Cruz over ANY candidate of the baby-murdering party, even one born before cameras on the steps of the U.S. Capitol to two descendants of passengers on the Mayflower.


60 posted on 07/21/2013 10:06:40 AM PDT by Arthur McGowan (If you're FOR sticking scissors in a female's neck and sucking out her brains, you are PRO-WOMAN!)
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To: little jeremiah

It’s a shame that Cruz does not meet the stricter definition of NBC. He’s one of the best politicians out there.

The NBC provision of the Constitution has a good purpose — to attempt to prevent some person with no loyalty, or by foreign intrigues, to become president. Obama has ruined that too.


61 posted on 07/21/2013 10:06:56 AM PDT by 3Fingas (Sons and Daughters of Freedom, Committee of Correspondence)
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To: Ray76

Very nice summation. That really says it all.

Now, if the Leftist media would like to do the equivalent, and rigorously define their terms, and place people into well-understood categories, and explain to the the Man In The Street why Cruz cannot legally be president, that would be fine with me. Because any effort the Left makes against Cruz will necessarily boomerang back and hit Obama.

I say: Bring it.


62 posted on 07/21/2013 10:07:17 AM PDT by ClearCase_guy (21st century. I'm not a fan.)
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To: Ray76
Cruz is a naturalized US citizen

Really?

When did Cruz become naturalized? When did he apply? When was the ceremony?

63 posted on 07/21/2013 10:10:33 AM PDT by FreeReign
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To: Timber Rattler

These are the scab pickers who robbed us of a WH victory.
Ignore them.


64 posted on 07/21/2013 10:10:43 AM PDT by Eric in the Ozarks (NRA Life Member)
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To: Arthur McGowan
Do YOU have a “certificate of citizenship?”

I was born in a U.S. State and do not have a certificate to prove I am a citizen of the U.S. I used a certified copy of my birth certificate issued by the state I was born in to obtain a driver's license, enroll in school and obtain a U.S. passport.

A birth certificate is verification of a live birth in a particular place at a particular time. It is not proof of citizenship. Many foreign nationals who work as diplomats obtain birth certificates for their children born in the U.S. The children of diplomats are not U.S. citizens, but they are entitled to obtain a birth certificate to prove a live birth event took place.

Certificates of Citizenship and Certificates of Naturalization are issued as a consequence of the Immigration and Naturalization Act of 1952; as amended. I am a natural born U.S. citizen and not subject to the INA. Children born aboard must meet the terms and conditions set forth in the INA to be recognized as U.S. Citizens. The INA changes from time to time. We must see Ted's Certificate of Citizenship to determine if he has met all of the terms and conditions of the INA. For all we know, Ted's mom told the State Department on her U.S. Passport application she did not intend to return to the U.S., she was married to a foreign national, and she told a Canadian official she renounced her U.S. citizenship to become Canadian to avoid paying U.S. and Canadian income taxes. If so, Ted's U.S. citizenship claim would be in jeopardy.

Ted can prove he met all requirements of the INA by showing us his Certificate of Citizenship.


65 posted on 07/21/2013 10:11:17 AM PDT by SvenMagnussen (1983 ... the year Obama became a naturalized U.S. citizen.)
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To: Arthur McGowan
The matter is 100% in the hands of the electorate. If they don’t make it impossible for a non-citizen (Soetoro), let alone a non-NBC, to be “elected” “President,” there is absolutely no recourse.

All we need is for "one" of the 57 states to pass a law requiring presidential candidates to post specified proof of citizenship status to be on the ballot.

We've had 5 years now. Not one such law has been passed.

66 posted on 07/21/2013 10:12:02 AM PDT by Sherman Logan
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To: Ira_Louvin
Sen. Ted Cruz rejected questions Sunday over his eligibility to be president, saying that although he was born in Canada “the facts are clear” that he’s a U.S. citizen.

It's kind of discouraging to see this kind of comment.

AFAIK, nobody is arguing that Cruz is not a US citizen. The discussion is about whether he's a "natural-born citizen."

67 posted on 07/21/2013 10:15:04 AM PDT by Sherman Logan
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To: FreeReign
So then if citizen Cruz isn't natural-born, then when was he naturalized?

Cruz was made a citizen by statute.

68 posted on 07/21/2013 10:16:04 AM PDT by Red Steel
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To: FreeReign
He was naturalized at birth

8 U.S.C. § 1401

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

69 posted on 07/21/2013 10:17:14 AM PDT by Ray76 (An armed society is a polite society.)
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To: Ray76

Bump.


70 posted on 07/21/2013 10:18:49 AM PDT by Cringing Negativism Network
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To: Ira_Louvin
The Texas senator was born in Calgary,where his mother and father were working in the oil business.

Ted Cruz for Prime Minister of Canada in 2015!

71 posted on 07/21/2013 10:19:33 AM PDT by Ronaldus Magnus
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To: Red Steel
So then if citizen Cruz isn't natural-born, then when was he naturalized?

Cruz was made a citizen by statute.

I asked "when?" was he naturalized.

72 posted on 07/21/2013 10:22:47 AM PDT by FreeReign
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To: 3Fingas

The second item is the correct one.

There is a distinction between a ‘born citizen’ and a ‘natural born citizen’.

English common law usage definitions were still commonly used by colonialists and by the new United States of America at the time of drafting the US Constitution.

English common law defined at the time a born citizen was a child born on the jurisdictional soil of a subject.

English common law defined a ‘natural’ born citizen as a child born on jurisdictional soil of two parents who were both subjects (later subjects=citizens). In other words a normal family birth of two citizens on jurisdictional soil would confer ‘natural born citizen’ status on the child. Natural born citizenship was perceived to have a higher fealty to the crown or country.

We must remember that in British society there were several layers of social rank. A mere subject citizen could not be a Lord or an Earl. Only those with the required lineage could be granted royal status.

In the colonies, a child born say for example to a colonial father and an indian mother would be considered a subject but not a natural born subject.

When the Founders of the Constitution wrote ‘Natural Born Citizen’ into the requirement for eligibility for President whereas all other offices only required mere citizenship, they knew exactly what they saying.

The distinction has been lost in the noise over the centuries but is now raised as an issue because there are serious serious concerns about Obama’s loyalties. The issue has been visited in the 19th century with a ruling that confirms what I describe above. But it has also been visited by late 20th century reviews by judges that either did not take the time to trace back the meaning or did not have the staff to research it.

The issue must go to the Supreme Court who have access to hundreds of legal scholars who know the history well. The issue has not got that far yet but it must go there to sort out the meaning and its importance.


73 posted on 07/21/2013 10:24:45 AM PDT by Hostage (Be Breitbart!)
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To: FreeReign

He is a citizen by birth but he is not natural born.


74 posted on 07/21/2013 10:25:43 AM PDT by Hostage (Be Breitbart!)
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To: Hostage

He is a citizen at birth by law.


75 posted on 07/21/2013 10:27:10 AM PDT by Ray76 (An armed society is a polite society.)
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To: Hostage

8 U.S.C. § 1401

The following shall be nationals and citizens of the United States at birth:

-

(from post #69, look at the final entry...)


76 posted on 07/21/2013 10:28:03 AM PDT by Cringing Negativism Network
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To: Ray76
He was naturalized at birth 8 U.S.C. § 1401 The following shall be nationals and citizens of the United States at birth:

How is somebody who is naturalized at birth not a "natural born citizen"?

Definition: Naturalization – Acquisition of U.S. Citizenship Subsequent to Birth:

77 posted on 07/21/2013 10:28:22 AM PDT by FreeReign
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To: Ira_Louvin

Jeb Bush is a NBC
Chris Cristie is a NBC
Mitt Romney is a NBC


78 posted on 07/21/2013 10:30:01 AM PDT by ObozoMustGo2012
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To: Hostage

The Supreme Court will not touch it. They will say who ever brought it does not have standing. However, I think every American living today could say they are affected by President’s actions and, for that reason, have standing.


79 posted on 07/21/2013 10:30:10 AM PDT by 3Fingas (Sons and Daughters of Freedom, Committee of Correspondence)
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To: FreeReign

Suggest you read Article II.


80 posted on 07/21/2013 10:30:40 AM PDT by Ray76 (An armed society is a polite society.)
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To: Ray76
To be specific about the statute that made Cruz a citizen:



under Sec. 301 (a) of the Immigration and Nationality Act of 1952,

“a. Section 301 as Effective on December 24, 1952: When enacted in 1952, section 301 required a U.S. citizen married to an alien to have been physically present in the United States for ten years, including five after reaching the age of fourteen, to transmit citizenship to foreign-born children. The ten-year transmission requirement remained in effect from 12:01 a.m. EDT December 24, 1952, through midnight November 13, 1986, and still is applicable to persons born during that period."

Statutes can be changed, rescinded or abolished by legislation, or by decree and edict.

81 posted on 07/21/2013 10:31:40 AM PDT by Red Steel
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To: Sherman Logan

He’s being a little too flippant about a serious Constitutional matter for potential personal gain, which leads me to suspect his bona fides as a Constitutional conservative.

“The People” appears to be a very malleable construct to him, subject to the whims of legislation. Essentially, he’s avowing that he’s Constitutionally eligible via unrelated statute.

Not a good sign, imho. He’ll betray himself elsewhere, Imho, probably over international tribalism like Rubio. The only “tribe” with which he should concern himself is identified in the Constitution, We The People.


82 posted on 07/21/2013 10:31:42 AM PDT by RegulatorCountry
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To: Cringing Negativism Network

He was not born before May 24, 1934 as described in item (h).

But item (g) seems to make him a citizen by birth.

But a citizen by birth is not necessarily a natural born citizen.


83 posted on 07/21/2013 10:32:07 AM PDT by Hostage (Be Breitbart!)
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To: 3Fingas

The pirate Roberts was appointed head of the subPreme court to prevent just such sovereignty by we the people from being activated to clean up the fen that is federal government in America. Federal government in America is run by an oligarchy who remain out of sight, pulling the strings of little men like barry soetoro, chuckie schumer, john mc cain, and women like diane feinstein, patty murray, and Barbara boxer. evil is now in complete control of the reins of power and they will not be easily usurped, not as easily as they have usurped we the people.


84 posted on 07/21/2013 10:33:53 AM PDT by MHGinTN (Being deceived can be cured.)
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To: FreeReign

See Post #73.


85 posted on 07/21/2013 10:34:12 AM PDT by Hostage (Be Breitbart!)
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To: Hostage

By law, 8 U.S.C. § 1401(g), he is a citizen at birth.


86 posted on 07/21/2013 10:35:33 AM PDT by Ray76 (An armed society is a polite society.)
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To: 3Fingas

I think the assent of only 4 justices are required to hear it. And I think if is simply a clarification of a definition, then the justices will rely on scholars at Harvard, Yale and so forth.


87 posted on 07/21/2013 10:35:56 AM PDT by Hostage (Be Breitbart!)
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To: Hostage

I do not agree. That section starts:

8 U.S.C. § 1401

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

continuing to:

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

Unless I’m missing something here, it is pretty clear.

Am I missing something?


88 posted on 07/21/2013 10:36:31 AM PDT by Cringing Negativism Network
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To: little jeremiah; LucyT

Concur!!

2 Citizen Parents AT birth,
(Cruz father naturalized AFTER Cruz birth.)

on US Soil

Worse yet are these FReepers who have no understanding of this after YEARS of Obama discussions of lacking NBC on FreeRepublic. If Cruz continues to push this, then he
is an aspiring USURPER also.


89 posted on 07/21/2013 10:37:16 AM PDT by urtax$@work (The only kind of memorial is a Burning memorial !)
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To: Ray76

But that does not make him a natural born citizen.

As much as he would make a fine President, I think Ted must be told that he is not eligible to be President.

But he would make a tremendous Supreme Court Justice and we need him there badly.


90 posted on 07/21/2013 10:38:01 AM PDT by Hostage (Be Breitbart!)
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To: Ira_Louvin
He's a likeable guy, but is Cruz the best Canadian for POTUS?

First, let's get something out of the way: IF we are a constitutional republic, then Cruz is NOT eligible to be POTUS.

But, those days are over, right? This is an oligarchy or something else entirely. Whatever we've been turned into post-coup, our engine isn't running on Constitution any more.

Check the facts: Officially, no one knows what obama is or what his genetics may actually be. I don't think McCain is a NBC either, not if he was born on Panamanian soil. Yet, they were the officially sanctioned choices our one party/two party rule told us we could vote for.

So...why just limit ourselves to Cruz?

Why not shop around the world, if we are going to import our POTUS now like we do everything else, including people to work here?

91 posted on 07/21/2013 10:38:11 AM PDT by GBA (Our obamanation: Romans 1:18-32)
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To: Ira_Louvin

Eligibility requirements are a Republican thang.


92 posted on 07/21/2013 10:39:27 AM PDT by Old Yeller (Goodbye America. Glad the majority of my years were spent during the good days.)
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To: Hostage

Oh I see.

He was not born before May 24, 1934.

Let me review (g) :D


93 posted on 07/21/2013 10:40:28 AM PDT by Cringing Negativism Network
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To: Hostage

I agree.


94 posted on 07/21/2013 10:42:04 AM PDT by Ray76 (An armed society is a polite society.)
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To: GBA

I don’t think Vlad Putin wants to live and work in America. But someone like him might be available in South America.


95 posted on 07/21/2013 10:42:32 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Cringing Negativism Network

Oy vey.

I’ll let experts worry about that one.

Cripes.


96 posted on 07/21/2013 10:44:26 AM PDT by Cringing Negativism Network
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To: Cringing Negativism Network

Yes you are missing something and I don’t mean any disrespect as it is an issue that has been lost over many generations. See Post #73 to get some sense of the historical background.

What so many of us are missing today is the meaning of ‘natural born citizen’ versus ‘citizen by birth’ versus ‘naturalized citizen’. All of legal definitions of these terms are rooted in meanings held in English Common Law.

We must insist that the Supreme Court revisit the meanings as intended by the Founders at the time of drafting the Constitution. The Supreme Court can task several legal scholars at Harvard, Yale and other old and venerable repositories of both English Common Law and American Law. Several scholars have already done this and they have arrived at the conclusion I summarize for them in Post #73.


97 posted on 07/21/2013 10:44:30 AM PDT by Hostage (Be Breitbart!)
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To: 3Fingas

It’s too bad Cruz is jettisoning the historical understanding of NBC for personal ambition.


98 posted on 07/21/2013 10:44:47 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: Ray76
Suggest you read Article II.

Thank you but I'm already very familiar with Article II.

As I pointed out to you, a person who is naturalized is a person who becomes a citizen "subsequent" to birth and not "at" birth.

99 posted on 07/21/2013 10:44:58 AM PDT by FreeReign
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To: Ira_Louvin

Sorry, but being a US citizen is NOT the constitutional standard for the office of the Presidency.


100 posted on 07/21/2013 10:46:50 AM PDT by faithhopecharity ((S)
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