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Can Cruz legally be president? Ivy League scholars debate
Virgina Pilot online ^ | 2/5/16 | COLLIN BINKLEY

Posted on 02/06/2016 1:47:14 AM PST by RC one

Edited on 02/06/2016 5:34:58 AM PST by Admin Moderator. [history]

BOSTON (AP) — Two legal scholars squared off in a public debate on Friday to settle whether Republican Ted Cruz is eligible to become president. Spoiler alert: They didn't settle it.

But the debate at Harvard Law School underscored that conflicting interpretations of the U.S. Constitution can produce different answers. The question has been in the national spotlight since Republican rival Donald Trump suggested that Cruz, who was born in Canada to an American mother, isn't legally qualified to be president.


(Excerpt) Read more at pilotonline.com ...


TOPICS: Society
KEYWORDS: 2016electionbias; academicbias; birtherism; birthers; blamecanada; canadian; cruz; doublestandard; naturalborncitizen; naughtyteacherslist; obamawasntvetted; repositorycruz
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To: Windflier

All this arguing about the Cruz citizenship is a exercise in futility.

The question should be if Cruz is our nominee, will the chosen socialist of on the other side, with help of their media, challenge his right to run for president.

In the meantime, we can continue to argue what came first the chicken or the egg.


121 posted on 02/06/2016 5:47:01 AM PST by RetSignman (Obama is the walking, talking middle finger in the face of America)
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To: RetSignman

In answer to your question, yes, the Dems will challenge Ted’s eligibility, should he become the Republican nominee.


122 posted on 02/06/2016 5:49:47 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: chopperman

I’d like to know why everyone is concerned about Cruz and not Rubio.

Being born in Canada or being born in Florida..........quite a difference for most people.


123 posted on 02/06/2016 5:53:51 AM PST by napscoordinator
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To: RC one
...and now Ted Cruz who would be the first ever openly foreign born POTUS. And if not Ted Cruz than Marco Rubio who would be the first ever POTUS born of two non-citizen parents.

So your point is a foreign born POTUS (Cruz, who left Canada when he was four) or a POTUS of two non-citizens (Rubio, born on american soil) would have dubious allegiance to America...?

Allegiance to America is the root argument and intent of the founders being made here...

You seem unable to address that issue...

124 posted on 02/06/2016 5:56:33 AM PST by Popman (Christ alone: My Cornerstone...)
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To: JediJones

Ok.. Here I go again. Let me be real clear. Trump/Cruz would be a done deal. For Trump, declare a 4 year stint. Cruz then taking over. With that, they can go after term limits. But this needs to be cleared up.. And while we’re all distracted, like the magician and his sexy asst.. More trouble comes from DC.. It all comes down to this, Big Gov’t, vs. smaller Gov’t.. That’s it...Well, in my opinion. I do respect everyones passion. Set on good intentions I’m sure. But again, and again, we eat our own.

Let me help a bit. Sir Winston Churchill was born of a 100% American Mother. Happens to have been outside the US to a non US Citizen. Let’s just see how the US Gov’t and Pres. JF Kennedy looked at his situation. Pay attention to the words.

Ladies and gentlemen, Members of the Congress, Members of the Cabinet, His Excellency the British Ambassador, Ambassadors of the Commonwealth, old friends of Sir Winston led by Mr. Baruch, ladies and gentlemen:.

John F. Kennedy

Proclamation Conferring Honorary U.S. Citizenship on Sir Winston Churchill

delivered 9 April 1963, Rose Garden, The White House, Washington, D.C

We gather today at a moment unique in the history of the United States.

This is the first time that the United States Congress has solemnly resolved that the President of the United States shall proclaim an honorary citizenship
***** ***********for the citizen of another country.****************** And in joining me to perform this happy duty, the Congress gives Sir Winston Churchill a distinction shared only with the Marquis de Lafayette.

In proclaiming him an honorary citizen, I only propose a formal recognition of the place he has long since won in the history of freedom and in the affections of my — and now his — fellow countrymen.

Whenever and wherever tyranny threatened, he has always championed liberty. Facing firmly toward the future, he has never forgotten the past. Serving six monarchs of his native Great Britain, he has served all men’s freedom and dignity.

In the dark days and darker nights when England stood alone — and most men, save Englishmen, despaired of England’s life — he mobilized the English language and sent it into battle. The incandescent quality of his words illuminated the courage of his countrymen.

Indifferent himself to danger, he wept over the sorrows of others. A child of the House of Commons, he became its father. Accustomed to the hardships of battle, he has no distaste for pleasure.

Now his stately ship of life, having weathered the severest storms of a troubled century, is anchored in tranquil waters — proof that courage and faith and zest for freedom are truly indestructible. The record of his triumphant passage will inspire free hearts all over the globe.

By adding his name to our rolls, we mean to honor him; but his acceptance honors us much more. For no statement or proclamation can enrich its name now — the name Sir Winston Churchill is already legend.


125 posted on 02/06/2016 6:02:40 AM PST by WorksinKOP
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To: huldah1776

L8R-G8R


126 posted on 02/06/2016 6:08:09 AM PST by huldah1776 ( Vote Pro-life! Allow God to bless America before He avenges the death of the innocent.)
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To: Windflier

No, I am NOT arguing that. My argument relies on historical fact going back to the time of the founders and rejects simplistic formulation.


127 posted on 02/06/2016 6:10:06 AM PST by John Valentine (Deep in the Heart of Texas)
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To: Popman
"Mr. Smith founds his claim upon his birthright; his ancestors were among the first settlers in that colony" Madison  photo image_zps4rlqdlgm.jpeg
128 posted on 02/06/2016 6:10:59 AM PST by bushpilot2
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To: RC one

Perhaps it is the penumbra, like the right to an abortion.


129 posted on 02/06/2016 6:12:45 AM PST by John Valentine (Deep in the Heart of Texas)
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To: Windflier

[In answer to your question, yes,]

Actually, I knew the answer but was I posing the question to those who may still think that Cruz will win the argument through ‘legal’ avenues.

It just won’t matter because Cruz is already a damaged candidate.


130 posted on 02/06/2016 6:12:46 AM PST by RetSignman (Obama is the walking, talking middle finger in the face of America)
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To: John Valentine

If your argument relies on historical fact, then you accept the concept that a natural born citizen is defined as one who is born within the territorial jurisdiction of a country to two citizen parents.


131 posted on 02/06/2016 6:15:05 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: RC one

What is forgotten the first 8 Presidents were British Colonial born in the British Colony of America, they did not become President until after the Revolutionary war.

http://www.usanewsandinformationservice.com/uspresidentsfb.html

McCain: https://www.govtrack.us/congress/bills/110/sres511/text


132 posted on 02/06/2016 6:28:06 AM PST by GailA (any politician that won't keep his word to Veterans/Military won't keep them to You!)
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To: John Valentine
Not made by law.. Ted Cruz needs a law...1952  photo image_zpsrfestnzi.jpeg  photo image_zpsxcnv304s.jpeg
133 posted on 02/06/2016 6:28:26 AM PST by bushpilot2
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To: bushpilot2
...and...?

1789 was a long time ago when allegiance was a serious issue and important question since as a country we were brand new...

The war of 1812 proves allegiances was an important issue...

Last time I looked, neither Canada or Cuba were interested in seizing America though the political process..

But, 240 years forward, is their any question at all, where Ted Cruz allegiance lies...?

He was four years old when left Canada...he did not choose to be born there..

The founders intent in the eligibility clause was a question of allegiance to this country...

Is there a question at all about Cruz or Rubio...?

134 posted on 02/06/2016 6:29:43 AM PST by Popman (Christ alone: My Cornerstone...)
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To: Popman
You seem unable to address that issue...

I think Ted Cruz bears true allegiance to himself above all else. He may have pulled the wool over your eyes but I see through his illusion. He's a manipulating lawyer that knows he isn't eligible to be POTUS and has determined to subvert the constitution in order to get what is best for him.

Allegiance to America is the root argument and intent of the founders being made here...

He's not eligible according to the constitution. that's the root argument. Get a constitutional amendment if you don't like it.

So your point is a foreign born POTUS (Cruz, who left Canada when he was four) or a POTUS of two non-citizens (Rubio, born on american soil) would have dubious allegiance to America...?

Loyalty to the country is nice but it's the constitution that we must bear and swear primary allegiance to for without our constitution we have no country. Ted Cruz does not bear allegiance to the constitution by subverting it. He is, therefore, a threat to the constitution and; thereby, to the country. hence, his allegiance to this country is, as you suggested, dubious.

"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed ...

The oath of enlistment.

And if you think I don't take that oath very seriously, you are mistaken.

135 posted on 02/06/2016 6:37:03 AM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: Popman

His ancestors were among the first settlers of that colony.

The Madison quote is often butchered by omitting ancestors were among first settlers in the colony

It’s not logical Ted Cruz and Rubio can be natural born citizens.


136 posted on 02/06/2016 6:39:07 AM PST by bushpilot2
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To: GailA

I assure you, nobody has forgotten anything. If you read my first post you would know that.


137 posted on 02/06/2016 6:41:12 AM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: grania
Silly me. I thought only amendments could change the Constitution.

In the case of "natural born", it would require an amendment to define the term. Until that happens, it will be subject to legal interpretation.

One can only assume the Founders knew that.

138 posted on 02/06/2016 6:44:38 AM PST by BfloGuy ( Even the opponents of Socialism are dominated by socialist ideas.)
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To: Popman
Cruz claims the 1790 Naturalization....  photo image_zpsdpjneujk.jpeg
139 posted on 02/06/2016 6:45:50 AM PST by bushpilot2
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To: John Valentine
Allow me to help you see it.

why did the authors of the constitution include the proviso "or a Citizen of the United States, at the time of the Adoption of this Constitution," into article II, section I, clause 5?

Let's let Supreme Court Joseph Story answer that question:

It was doubtless introduced (for it has now become by lapse of time merely nominal, and will soon become wholly extinct) out of respect to those distinguished revolutionary patriots, who were born in a foreign land, and yet had entitled themselves to high honours in their adopted country. A positive exclusion of them from the office would have been unjust to their merits, and painful to their sensibilities.

So, with this understanding, we can see what a NBC is not-It is not someone born in a foreign land or else there would have been no need to introduce the provision.

140 posted on 02/06/2016 7:08:31 AM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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