Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: little jeremiah
And pretty soon there’ll be a long thread zotting anyone who says he isn’t, mark my words.

I truly hope that doesn't turn out to be the case. In 2008, JR said he would let FReepers work it out amongst themselves. We fought tooth and nail (at times it was brutal), read and cited multiple interpretations of multiple SCOTUS decisions, researched the FF's intentions, etc. I hope JR lets this discussion about Cruz happen. IMHO, the only way the zot thread happens is if we start calling good, conservative, FRiends "trolls" or make it personal. If the discussion is civil, I think Jim will stick to his rule of letting us work it out amongst ourselves. I hope so anyway.

Cruz is a statutory citizen at birth. His citizenship was granted at birth by federal statutue through the principle of jus sanguinis (via bloodline) as opposed to being granted at birth by the 14th Amendment to the U.S. Constitution through the principle of jus soli (via place of birth).

The Foreign Affairs manual states:

7 FAM 1131.6-2 Eligibility for Presidency
(TL:CON-68; 04-01-1998)

a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.
(...)
d. (snip) In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.

In short, the courts have not yet ruled on whether or not a statutory citizen at birth is eligible to the presidency.

I believe they would rule in favor of Cruz's eligibility, but as of right now, the State Department says that there isn't a definitive legal answer.

I was recently referred to the SCOTUS decision in Rogers v. Bellei, which seems to clearly indicate that citizens at birth are naturalized and that such naturalization is a Congressional generosity to which they have no contitutional right.

There is a legitimate discussion to be had. I hope we can have it.

90 posted on 08/27/2013 9:13:32 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 11 | View Replies ]


To: BuckeyeTexan

“IMHO, the only way the zot thread happens is if we start calling good, conservative, FRiends “trolls” or make it personal.”

Look at Las Vegas Ron. First argument out of the block, “you’re a troll”.

No, no I’m not. Jus Soli is a legitimate argument. Cruz, wonderful man that he is fails on that count.


93 posted on 08/28/2013 12:36:10 AM PDT by JCBreckenridge
[ Post Reply | Private Reply | To 90 | View Replies ]

To: BuckeyeTexan

Thanks for an intelligent and reasonable post.


117 posted on 08/28/2013 8:47:48 AM PDT by Sherman Logan
[ Post Reply | Private Reply | To 90 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson