Posted on 01/15/2016 5:53:58 PM PST by Enlightened1
People are entitled to their own opinions about what the definition ought to be. But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an "originalist," one who claims to be bound by the narrowly historical meaning of the Constitution's terms at the time of their adoption. To his kind of judge, Cruz ironically wouldn't be eligible, because the legal principles that prevailed in the 1780s and '90s required that someone actually be born on US soil to be a "natural born" citizen. Even having two US parents wouldn't suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.
(Excerpt) Read more at bostonglobe.com ...
“to a citizen parent”
To Citizen parents (plural)...
Probably, but then the issue will continue to hang over Cruz unless and until it’s resolved.
The Constitution is dead. We are in a post Constitional society now; i.e., we’re a banana republic. We need an intellect such as Ted Cruz to restore us to the Constitution. Also, Ann Coulter ridiculed people who raised this issue against Barack Hussein Obama were ridiculed as cranks and birthers. None of them should get away with their hypocrisy.
What means: “...children of citizens...”? Is the plural referring to both parents?
Ted can’t get the 14th Amendment right part of the time.
And as for states rights, he hasn’t been solid on that either.
Then he votes with Democrats for the damnedest things.
Eh, no thanks.
So you say, I say Cruz is ready and Donald Trump just offers slogans just like Obama. You know what I hear every time someone asks him a question about anything? Ross Perot ‘Larry, Larry we got to look under the hood’. My children will be better served by Ted Cruz because he will appoint Supreme Court Judges who will uphold the Constitution. Trump holds out Judges like Tribe as someone he admires, God help us if that Fascist was appointed.
How can he uphold the constitution when he isn't eligible to run? He needed to resolve that first. He needs to work to get these lawsuits resolved on their merits and not dismissed for lack of standing.
Tribe is of the school of Constitutional Law which has wreaked havoc on the American Culture. It put the will of the judge and pop culture as the basis for decision making.
Cruz, on the other hand, is inclined to the originalist or original meaning school.
Americans are convinced that only those two schools are possible approaches to Constirutional questions.
However, the more traditional and more judicious approach is to be found in the intent of the drafters as modified under the umbrella of the Natural Law, which is the underlying basis of the drafting of the Constitution. Such an approach would allow for the internet to be protected by the First Amendment. It would not see gay marriage as a right. It would most likely have done away with slavery, but not approved of affirmative action which would have been seen as unjust to innocent people of later generations.
The natural law always raises it head if the face of injustice. It was the basis on which the Nurenberg trials were held.
We ignore it at our own harm.
You're ignorant too?
That means that those naturalized under the act would have the same protections under the law as a natural born citizen did, not that they became a natural born citizen through the passage of the law.
Boyd v. Nebraska ex Rel. Thayer 143 U.S. 135 (1892)
CHAPTER IX. Of the Enumerated Powers of Congress
I hope those help you better understand what that phrase means.
The MSM is suddenly bed wetting over the proposition of Cruz being the nominee. We appear to be on target.
He is eligible to run, his mother was an American Citizen when he was born, and since there is no ruling in the negative, that’s the way it stands now, whether you agree with it or not.
Clause 5 of of the 14th amendment does not grant congress the power to "substantively define or interpret Fourteenth Amendment rights". It most certainly doesn't give it the right to establish definitions that substantively define or interpret aspects of the constitution completely unrelated to to amendment 14.
It is also worth noting that the 14th amendment defines persons "naturalized in the United States, and subject to the jurisdiction thereof" as being CITIZENS.
As the constitution has previously instructed us that there are CITIZENS and there are NATURAL BORN CITIZENS, the 14th amendment has specifically stated that any person naturalized is a simple citizen and, therefore, not eligible to be POTUS.
Title 8 laws gain their authority through this 14th amendment. Nowhere does the 14th amendment make mention of granting anyone the status of natural born citizen but, in it's first five words, it does indicate to us that there are such things as natural born citizens and they are distinct from citizens not born here.
Furthermore, we have the 12th amendment, written by the 8th congress that further establishes that it was the intent of the Constitution's authors to preclude the office of Presidency to non-native born citizens by stating that no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
The Space Boink scenario! I love it!
Citizen at birth via statute is not the same thing as natural born citizen.
Did you read post 23?
Since professor Tribe seems to be Mr. Trump’s current go to constitutional expert, would he be in line for a supreme court appointment under a Trump administration. Although I currently favor Mr. Trump for the nomination, I would certainly have reservations if he is taking advice from someone such as Tribe.
Sorry, when was Ted Cruz naturalized?
“One place, the 14th amendment, guarantees both groups equal protection. the other section, written well before the 14th amendment, denies the non-native born group a specific privilege-the privilege to be POTUS.”
That is the money shot in a nutshell. As Trump said Cruz needs to get this thing straightened out.
IRREFUTABLE AUTHORITY HAS SPOKEN
(Oct. 18, 2009) The Post & Email has in several articles mentioned that the Supreme Court of the United States has given the definition of what a ‘natural born citizen’ is. Since being a natural born citizen is an objective qualification and requirement of office for the U.S. President (and VP), it is important for all U.S. Citizens to understand what this term means.
http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen/
Yep, your point?
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