“If he wants to run for President, the Senate will extend to him the same courtesy they did McCain and pass a resolution declaring him eligible.”
The Senate explicitly deemed McCain eligible based on:
1. having TWO US citizen parents and
2. on his father being US military on active duty and
3. the Panama Canal being pseudo-US territory.
None of these three distinguishing facts regarding McCain apply to Cruz.
Whether Democrats object to Cruz’s eligibility will depend on whether Barry is found to have been born in Kenya sometime before the 2016 election.
If proved to have been born in Kenya, Barry would have similar eligibility status as Cruz: born on foreign soil having only one US citizen parent, the mother, although Cruz’s mom met the residence prior to birth requirement to pass US citizenship, while SADO did not.
Barry’s legal defense team and the Congressional Research Offiece have already cited the case Marguet-Pillado in the 9th Circus to justify NBC status for any person having a mere biological tie to a US citizen at birth, so Cruz supporters in the GOP would be expected to embrace this dubious legal lower court precedent as well:
http://www.freerepublic.com/focus/f-bloggers/2857598/posts
In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his “III Analysis” dicta, states: “No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.” On March 1, Sheriff Arpaio’s Posse re-opened the possibility that Obama was born in Kenya by announcing that it had found probable cause to believe that Obama’s long form birth certificate was forged, newspaper birth announcements were unreliable, and that there was now no proof that Obama was born in the USA. A week earlier, with full knowledge of what the Arpaio Posse’s findings would be, “constitutional scholar” Obama’s legal team suddenly started citing the Marguet-Pillado case in multiple PA and GA ballot eligibility state appeals. The following language is included by Obama’s lawyers in the PA and GA MTD filings: “President Obama was a United States citizen from the moment of his birth inHawaii. Since he held citizenship from birth, all Constitutional qualifications have beenmet. Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. App., 2009); see,United States v. Marguet-Pillado , 648 F.3d 1001, 1006 (9thCir., 2011). There is no basis to question the President’s citizenship or qualifications to hold office.” www.ca9.uscourts.gov/datastore/opinions/2011/08/.../10-50041.pdf
If Cruz is elected by the voters and their electors, he is qualified. Period.
A candidate's qualification to be president is a question to be decided by the people and not by a handful of judges.
If Cruz wants to run, he should run and argue his case to the people. And, judges should each get one vote like everyone else.
Domo for the Ping. Geez, I step out for a few, and nex thing you know, there’s a 700-post thread needs reading through.