Listen: Levin: Both Cruz and Obama are Natural Born Citizens, Here's Why

Conservative Review ^ | 1/6/2016 | CR Wire

[conservativejoy]

Conservative Review Editor-in-Chief Mark Levin is not only a talk show host and best selling author. He is also a lawyer. In that role he runs the Landmark Legal Foundation, "America's oldest, conservative, non-profit, public interest law firm." Today he opened his radio show by explaining once and for all why both Ted Cruz, and Barack Obama meet the natural born citizen test of the Constitution for the presidency.

Levin explains the legal doctrine of jus sanguinis - Latin for right of blood. Levin explains that under U.S. law a person who's mother is an American citizen at the time of their birth is a citizen at birth. This means that that person is a natural born citizen. Both Ted Cruz and Barack Obama's mothers were citizens at their birth. Both men meet the natural born citizenship test of the Constitution.

Levin Explains: Audio at link

Conservative Review's Amanda Carpenter also touched on the subject today.

Later in the show Levin challenged anyone who doesn't agree with his legal opinion to debate him on his show

[okie01]

Does anyone know the rules for Canadian citizenship?

They are essentially the same as for the USA. Cruz was born on Canadian soil, he therefore is eligible for Canadian citizenship -- should he have chosen it when he reached his majority.

Cruz has since renounced his Canadian citizenship but, legally, that wasn't necessary.

[okie01]

I don't believe your posting is relevant to the question at hand. The document you posted is in reference to foreign nationals giving birth on a U.S. military base or diplomatic facility.

It addresses the location of birth issue alone. It does not indicate that it applies to children born of American parent(s).

[okie01]

Many here per the comments still don’t understand the actual law.

If that is the case, then 99.44% of the legal establishment doesn't understand the law.

Only you and a few others do...

[Ray76]

Levin's argument is "they're kooks and birthers".

On top of that brilliant argument he cites the Nationality Act of 1940.

The Nationality Act of 1940, Pub. L. 76-853; 54 Stat. 1137; was repealed by the McCarron-Walter Act of 1952, Pub. L. 82-414 § 403(a)(42); 66 Stat. 280.

That same act, the McCarron-Walter Act, is what applies to Cruz. His citizenship is by Congression grant: Pub.L. 82-414 § 301(a)(7); 66 Stat. 236

Levin's claims are directly contrary to the letter of the law. That statute says "citizen" Are words to be inserted into statute, thwarting the will of Congress?

Furthermore, the grant of citizenship was temporary and subject to revocation if Cruz did not take actions by a date certain. His citizenship is entirely a creature of positive law and granted by Congress, i.e. he is a naturalized citizen of the United States.

[Whenifhow]

Thanks for your quick responses with the info.

[Red Steel]

No, it deals with US citizen who give birth at US installation overseas that they are not covered under the 14th Amendment. As it is not automatic. They have to go to a US embassy or consulate to register the birth.

[okie01]

They have to go to a US embassy or consulate to register the birth.

Like all other overseas births..makes sense.

Thanks for the explanation.

[firebrand]

I am convinced that Cruz is eligible, but the issue is electability, not validity. The arguments are complex and enable low-attention voters to make up their own mind without studying the issue, or they could just have too many doubts, or even be convinced that too many other people have too many doubts.

It’s a weird variation on “the medium is the message.” The lack of clarity is the message.

[bioqubit]

use your brain, use logic. stop making lame illogical “appeals to authority”. Levin has avoided this issue like the plague because any other conclusion leaves you in an extremely uncomfortable place.

The key point is that the constitution uses both of these terms, “natural born citizen” and “citizen” for describing eligibility as president and as a member of congress, respectively. HOW are the terms different from each other. One has to define something categorically different from the other.

Taking Cruz’s case, he has had to stretch and twist in order to accomodate someone for whom: 1) Was NOT born on American soil, and 2) One parent was not American.

So he hung everything on the ideas of an American mother and residency requirements. Does that pass the smell test as “natural born citizen” for you? So, how is that different from a citizen?

So, show some thinking. You are supposedly a conservative. Produce a logical rebuttal that gives clear distinctions between “natural born citizen” and “citizen”.

[SteveSCH]

I believe Cruz is eligible -> one parent was American making him a birthright citizen, and Canadian law does not affect American law.

With that said you better bet the left are going to challenge Cruz on this issue... They still want payback for 2000.

[Spaulding]

Thanks bioqubit. One never knows the intent of FR contributors, but the documents abound and there is no equivocation. It is disappointing to hear Levin inventing again, but clearly is willing to use his pulpit and the ignorance of most readers to maintain his place at the rostrum of Constitutional experts.

Your point is well explained. If naturalized and natural born citizens were the same, which is what Levin and Cruz imply, there would be no reason to have both terms. There would have been no reason for Washington and Madison to remove any mention by Congress of natural born citizenship after they confused people in the 1st Congress with the statement used by Larry Tribe (Obama’s Harvard Law adviser) and Mark Levin claiming natural born citizenship for those born to citizen parents but “beyond the seas”. That was to support McCain’s problem, since no part of Panama was designated by Congress as sovereign U.S. territory until 1937, the year after McCain was born.

But the 1790 Congress’ act was entirely rescinded in 1795, with natural born citizen replaced by “citizen”. Citizens are either naturalized or natural born. Washington knew the difference, as did Madison, and they clarified the issue. A careful attorney, Mario Apuzzo, pointed out that being “reputed natural born” is not being natural born. Never again did Congress mention natural born citizenship because only the Supreme Court may interpret the Constitution.

The original author of the 14th Amendment, and author of the citizenship clause, Section 1, Ohio Congressman, abolitionist, John Bingham to the House in 1866:

“I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen….”

Chief Justice John Marshall, educated at William and Mary’s Law School created by Thomas Jefferson in 1779 and designating our first law book, Vattel’s Law of Nations, writing in The Venus, 12 U.S. 253 in 1814:

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.”

Chief Justice Morrison Waite writing, with the unanimous agreement of the Court, the decision in Minor v. Happersett, and creating precedent for the definition of who were natural born citizens. Before the 14th Amendment the only constitutional citizens were natural born citizens, and Virginia minor’s decision could only have applied to a citizen. Virginia was a citizen because she was a natural born citizen. This decision established precedent, though it didn’t differ from Bingham, or Marshall, or Gray, or Charles Evens Hughes, for the term natural born citizen:

“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”

Cruz, Rubio, Jindal and Levin are a disappointment. Obama is too but for different reasons. He never claimed to be a natural born citizen. He was a “made man”. He took the job he was chosen for. He was dishonest about many things but he was hired to read a teleprompter, and say what he was told to say. The quotations above were by men of integrity for whom The Declaration and Constitution were our foundations. What they clearly explain is at odds with our politicians, both would-be and elected. The media and dishonest men must have their reasons for dissembling. But the words of our Supreme Court Justices, when they aren’t hidden or edited, as Justia.com and Google did in 2008, are still accessible - for the time being.

As Constitutional scholar Bill Clinton famously, and correctly said, “it depends upon what is is”. Is, to the law and not coincidentally mathematics, means “the same thing as.” It means equality. The definition locked down by Minor, but stated as dictum in many cases before 1875, was common law. After Minor it became precedent, used and cited in Wong Kim Ark and many other cases. It isn’t “either born to two parents who were its citizens, or born to one parent who had a student visa whose father thought he could find a better job in another country, or to two parents who weren’t quite sure they wanted to stay until 14 years after their child was born, but really had sole allegiance after that”. There isn’t an “or” in the defintion.

Not only does Trump understand the Constitution, so does Hillary, and should something happen to Trump, it is hard to imagine that she will not challenge eligibility, which would, based upon the Amendment XX, open presidential appointment to the Congress. If Cruz and Rubio were president and vice president, Trump having said something unforgivable to the media, Congress would have some latitude in choosing a “qualified” president. There are people who understand the law, whether or when they will act, as John Roberts showed when swearing in Obama, is uncertain, and dangerous. There seem likely to be many opportunities we the people aren’t aware tempting politicians, steering them from the old-fashioned notion of preserving, defending, and protecting the Constitution. Could these be related to campaign contributions or promises of lobbying employment after their government service?

[Yosemitest]

The ILLEGAL ALIEN IN CHIEF is NOT a UNITED STATES CITIZEN, and most certainly NOT a NATURAL BORN United States Citizen !

It's there for anyone who wants to take the time to find it.

One other thing.
Obama is NOT black !
The ILLEGAL ALIEN IN CHIEF is ARAB-KENYAN.

"Genealogical evidence has revealed that the impostering "first black president" Barak Hussein Obama is 6.5% Negro and 48% Arabic, the remainder 45% Caucasian."

The Arab-Kenyan Barack Hussein Obama II, (a.k.a. Barry Soetoro), ( the one guilty of TREASON ! ) has NO legitimate Social Security Number.
His father was NOT an immigrant to the United States.
Barack Obama Sr. was a "Transient Alien" because he did NOT intend on residing in the United States permanently.
Barack Obama Sr. was a dual citizen of Great Britain and Kenya, and NEVER a United States Citizen.

Read British National Archives Show Son Born To Obama Sr. In 1961 In Kenya!

His mother could NOT impart U.S. citizen to her son, Barack Obama II, because she did NOT meet the legal requirements to do so, at the time her son was born IN the Coast Provincial General Hospital, MOMBASA, KENYA at 7:21 pm on August 4, 1961.
Democrats knew this and tried to eliminate the "Natural Born Citizen" requirement at least 8 times BEFORE Obama won his election in 2008.

Obama is NOT a United States Citizen, and is NOT a LEGAL IMMIGRANT.
He has no VISA allowing him into this country.
Barack Hussein Obama II IS ILLEGAL !
He should be IMPEACHED IMMEDIATELY, tried for TREASON, SENTENCED to death, and then have his body deported back to Kenya.

[Yaelle]

Bullsht, Mark. Obama’s mother was not old enough to confer citizenship upon her baby if she had him outside the border. Which it seems she probably did, otherwise he would have had a real birth certificate, a real social security number, and a real selective service form.

Probably baby Barack was born in an unwed mothers’ home in Vancouver, Canada, which was the thing to do when you got knocked up in Seattle. The dunhams didn’t care about that citizenship rule because they were planning for Stanley Ann to give her little baby up for adoption within Canada where it wouldn’t be an issue.

[Yaelle]

Buttah! How the heck are you? Good to see you, happy new year, I just wrote the same thing before seeing your post.

[PA Engineer]

He should be IMPEACHED IMMEDIATELY, tried for TREASON, SENTENCED to death, and then have his body deported back to Kenya.

I just have one disagreement with you. I think under US laws he should first go to a nice sunny and tropical beach home. I'm thinking Guantanamo Bay. Then everything else you said.

[Yosemitest]

Where's the link to your source?
You don't have one, do you ?
All you have is that PBS (Propaganda Broadcasting System) image.

[Yosemitest]

Nope.
But I forgot, that his coffin should be filled with PORK blood before it is sealed.

[woofie]

Even the U.S. State Department does not hire people with a parent as a foreign national

>>>>>>>>>>>

Huma Abedin?

[PA Engineer]

Nope.

He is a foreign enemy combatant. There are military laws. Then you do the pork.

[cynwoody]

I don't believe your posting is relevant to the question at hand.

On the contrary, it disabuses morons who think McCain's case differs from Cruz's.

Some of the droolers believe McCain is different because he was supposedly was born on a US base (i.e., US territory). But if that were true, any Panamanian babies dropped on base would be automatic US citizens. Which is not the case. Therefore, the argument is shot down!

But the fact is, McCain is NBC because of his parentage, not the location of his birth.