Posted on 03/11/2013 9:54:52 AM PDT by SeekAndFind
In the past few days, there has been renewed buzz on the Internet about the presidential eligibility of Texas Sen. Ted Cruz. Cruz has only been in the Senate for about 60 days and does not appear to be behind any of the talk. But he has certainly been in the news in recent days, and in response to a request for comment, his spokesman, Sean Rushton, sent me this note:
Sen. Cruz is a U.S. citizen by birth, having been born in Calgary to an American-born mother. He is focused entirely on his new role in the Senate, and on working every day to represent Texas and defend conservative principles in the Senate.
Any talk about Cruz follows years of discussion about birthplace and presidential eligibility involving President Obama, Sen. John McCain, and Sen. Marco Rubio. The bottom line in the case of Cruz, who was born in Canada in 1970, is that his father was an immigrant from Cuba and not a U.S. citizen at the time of young Cruz’s birth, but his mother was born and raised in the United States. The law in effect then, and now, made Ted Cruz a U.S. citizen at birth. Although the drafters of the Constitution did not define what they meant when they required an American president to be a “natural born citizen,” it is generally thought that “citizen by birth” is the best modern-day equivalent. On that basis, Cruz appears entirely eligible — if he ever chooses to pursue the White House.
(Excerpt) Read more at washingtonexaminer.com ...
RE: Only by those that wish to subvert the Constitution, and those that can’t seem to read plain English.
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Here’s what the constitution says:
Article Two Section 1, Clause 5:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
The Congressional Research Service (CRS), known as Congress’s think tank, is a public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works primarily and directly for Members of Congress, their Committees and staff on a confidential, nonpartisan basis.
The Constitution does not define the phrase natural-born citizen, and various opinions have been offered over time regarding its precise meaning.
A 2011 Congressional Research Service report stated:
The weight of legal and historical authority indicates that the term “natural born” citizen would mean a person who is entitled to U.S. citizenship “by birth” or “at birth”, either by being born “in” the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship “at birth”. Such term, however, would not include a person who was not a U.S. citizen by birth or at birth, and who was thus born an “alien” required to go through the legal process of “naturalization” to become a U.S. citizen.
I am not an expert on any of this but I see problems with this interpretation. A mother who is a US citizen could be living in say Australia and has a child with an Australian. The child is a US citizen andd finally comes over to the US when he is 18. I would not view that child as a natural born citizen. I think youi have to be born in US and become a ctizen at birth. That’s just what makes sense to me and defer to others.
RE: and subject to the jurisdiction thereof,
Are aliens living in the United States not under American jurisdiction?
Definition of JURISDICTION:
a) the authority of a sovereign power to govern or legislat
b) the power or right to exercise authority
c) the limits or territory within which authority may be exercised
Examples of JURISDICTION
The court has jurisdiction over most criminal offenses.
His attorney claimed the court lacked jurisdiction in this matter.
The matter falls outside the jurisdiction of this court.
territory under the jurisdiction of the federal government
He was arrested in another jurisdiction.
So, is a person born in the US (even with alien parents ) not subject to American jurisdiction? If they commit a crime in the USA, earn a living, buy property, etc. Aren’t they subject to US law, taxes, property rights?
Under your scenario, illegal aliens would eligible (which they are not) and the babies of US servicemen who wives give birth in foreign country would ineligible (which they are).
The Cruzes were Canada for work, not to seek Canadian citizenship.
Are aliens living in the United States not under American jurisdiction? - Legal aliens are, but illegal alien are not.
If this country were under foreign occupation children born here would not be eligible, children of ambassadors are not, children of Americans committing treason are not.
I was really hoping that something would happen to keep these nutjobs actively participating in mental gymnastics. God forbid this issues goes away. Just imagine what damage could be done if birthers applied their exacerbated logical analysis to something that actually affects real life.
If Obama’s (half) black ass can be the POTUS with an African father, so can Ted!
So let’s follow your logic and let’s assume for a second Zippo’s father was the king of Kenya and Zippo was his only child.
What would stop Zippo from being president of the US and king of Kenya at the same time?
His spokesman, Sean Rushton, should familiarize himself with the Constitution. I like what Cruz is doing so far, but that doesn’t make him any more eligible for POTUS than the current ineligible POTUS.
RE: Legal aliens are, but illegal alien are not.
Well, Ted Cruz has never been illegal. So, he passes the jurisdiction test.
It would seem that the reasoning which would make Cruz eligible could also apply to Obama, even if the latter were born in Kenya, after all.
Cruz — born in Canada, but mother was US Citizen, so that makes him eligible?
Obama — born in [Hawaii/Kenya], but mother was US Citizen, so that makes him eligible?
Where to start?
“Native born citizen”, or jus solis, means born within the United States. Gov.Bobbie Jindal is a good example.
“Derived citizenship”, or jus sanguinas, means born of citizen parents. Gov. George Romney (father of Mitt Romney) was born in Mexico of U.S.citizens.
“Naturalized citizen”, is a foreign national who sought U.S.citizenship. Gov. Arnold Schwartznegger is an example.
All three above examples are “citizens” and can serve in Congress, either as Representatives or as Senators per Article 1, Section 2, clause 2; and Article 1, Section 3, clause 3.
THEY ARE NOT NATURAL BORN CITIZENS.
The term, Natural born Citizen, is not a type of statutory citizenship. It is ONLY an eligibility requirement to be President. Born in the U.S.A. (jus solis) of citizen parents (jus sanguinas).
PhonyCons need to wake up and realize Ted Cruz is not a natural born citizen....he was born in Canada.....end of story
The Dems would make this an issue if Cruz ran for President. You are terribly naive and probably Obama Supporter and Anti Birther to think Dems would not do such
Byron York is just another PhonyCon liberal
RE: The term, Natural born Citizen, is not a type of statutory citizenship. It is ONLY an eligibility requirement to be President. Born in the U.S.A. (jus solis) of citizen parents (jus sanguinas).
Was this clarified by the framers of the constitution at all?
Any extant writings from Madison for instance giving a similar explanation?
If Cruz were born in West Germany in 1970 because his mother was a servicewoman, would he be natural born? Yes he would.
“... And your bombastic conclusions ...” Whassa madda, no one for you to insult close at hand? Chill, the pirate Roberts court has not spoken on this issue yet ... and I’m sure you will be fine with whatever it dictates.
So, if an American was born in Mexico just because his American Parents were on vacation there at his birth, the original intent of the framers was to disqualify this American from being President even if he were to grow up to be a constitution loving patriot, and a proven, competent leader?
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