Posted on 06/11/2014 11:18:34 PM PDT by Jim Robinson
~~snip~~ (just the facts, ma'am).
But what won't prevent Cruz from becoming president is his place of birth. Cruz was born in Calgary, Canada, while his parents were living there. His father is now an American citizen, but was not at the time; his mother, however, was born in the United States.
Helpfully, the Congressional Research Service gathered all of the information relevant to Cruz's case a few years ago, at the height (nadir?) of Obama birtherism. In short, the Constitution says that the president must be a natural-born citizen. "The weight of scholarly legal and historical opinion appears to support the notion that 'natural born Citizen' means one who is entitled under the Constitution or laws of the United States to U.S. citizenship 'at birth' or 'by birth,' including any child born 'in' the United States, the children of United States citizens born abroad, and those born abroad of one citizen parents who has met U.S. residency requirements," the CRS's Jack Maskell wrote. So in short: Cruz is a citizen; Cruz is not naturalized; therefore Cruz is a natural-born citizen, and in any case his mother is a citizen. You can read the CRS memo at bottom; here's a much longer and more detailed 2011 version.
~~snip~~
(Excerpt) Read more at theatlantic.com ...
Maybe not. Is the princess subject to the jurisdiction of the United States? I would assume that she would enjoy diplomatic immunity and therefore would not. So under the 14th Amendment that may prevent automatic citizenship. An interesting legal dilemma.
No. You cannot accurately interpret the Constitution by reading it by what is not there. They have the ability to decide a rule of Naturalization for the States to follow, no more.
Between alien friends, who are temporary subjects, and subjects naturalized or natural born, a species of subjects intermediate is known to the law of England. They are distinguished by the appellation of denizens. The power of denization is a high and incommunicable portion of the prerogative royal. A denizen is received into the nation, like a person who is dropt from the clouds. He may acquire rights, but he cannot inherit them, not even from his own parent: he may transmit rights to his children, who are born after his letters patent of denization; but not to those who were born before.
James Wilson , Collected Works, vol. 2, Lectures on Law
Denizens become Citizens by applying to the States, who then follow the rule that Congress proscribed. There is no Constitutional justification for direct authority over 'immigrants' as the federal government (as well as the majority of the populace) believes there is.
That's prohibited by the 10th Amendment.
The closest we came to this situation was Charles Bonaparte,who was Sec. of the Navy and AG under TR. He also founded the FBI, then known as the Bureau of Investigation. At birth, in Maryland, he was the second cousin of Napoleon III. His grandfather was Jerome Bonaparte, Napoleon I’s brother. And yes, he was a natural born citizen and eligible to run for President.
I don't know about anyone else, but I've long ago tired of all these Constitutional "experts" on here who have now spent half a decade trying to define "natural born citizen" in a way that suits their agenda.
As it stands right now, Ted Cruz is quite possibly our ONLY hope for 2016. I am not aware of another conservative politician who has the experience and ability to win this thing in two years.
Sarah Palin.
Sarah Palin.
Sarah Palin.
United States Congress
For carrying into complete effect the power given by the constitution, to establish an uniform rule of naturalization throughout the United States:
SEC.1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any alien............
First. He shall have declared, on oath or affirmation, before the supreme, superior, district, or circuit court of some one of the states
Part of the Application includes a renunciation of previous Allegiance before taking the Oath, and that Application was to be made to the residents' State as per both State and federal clauses of the Constitution.
Before taking an Oath, one was required to renounce previous political ties of Allegiance to other countries.
Now everyone acts like changing citizenship is like switching hats!
That being said, I don't think she can stand up to the assault that would come the second she announced. Sarah's best chance was 2012, none of us know the real reason she decided not to run, but SHE DOES and it's probably still there.
I have ALWAYS understood that conservatives do best when we run "unelectable" candidates like Ronald Reagan. However, I now understand that in addition to being unelectable they must ALSO BE UNFLAPPABLE like Reagan was.
A parent has to file a consular report of birth abroad (CRBA) and the child’s citizenship at birth is filed. That action by the parents would indicate jurisdiction of the United States.
I understand that if the parents are negligent, then the child can be issued citizenship papers in acknowledgement of his/her citizenship at birth. That again would be an acknowledgement of US jurisdiction.
Palin / Cruz 2016
That is correct but Ted Cruz’s location of birth is not the constitutional issue.
The issue of "natural born" as specified in the Constitution doesn't have to do with the location of Ted Cruz's birth. Natural born has to do with the location of his parents’ birth.
Address this question.
Why did the founders include a requirement for a presidential candidate to be natural born but not for congressional candidates?
They had a well thought out and logical reason to add that requirement for presidential candidates.
Because the president is also commander in chief of the military.
Ted Cruz stands about as much a chance of being elected President as Dave Brat had of beating Eric Cantor in the primary.
I listened to Palin on some show about 2 weeks ago, and she was asked about a run for the presidency. She wouldn’t answer the question, but it was really obvious to me that she did not want to run. Everything in her demeanor, her body language, and her verbal dodging said she doesn’t want to do it.
I think she knows they’ll drag her family through hell again.
Maybe.
I was also advocating for Palin before McCain picked her as his running mate. I very much was ready for her to run, herself, in 2012.
She sounded like she was running. She made the speeches she would have made, running in 2012. She was a candidate, in all but the final words.
Yet she did not run last time. I believe something happened within her family, some sort of vote was informally taken among those who would have been in the Whitehouse with her, and that vote was not successful.
I believe however four years changes a whole lot, and she will be ready next time.
Not averse to your idea of a Cruz / Palin candidacy, but I myself favor Palin / Cruz.
Palin / Cruz 2016.
Define "natural born" in the constitutional context.
Exam with great scrutiny why the founders added the "natural born" requirement for presidential candidates but not for congressional candidates.
I’m declaring early. I support Ted Cruz for president.
Listened to him on Kelly last night, and he hit everything out of the park again. On the Bergdahl 5, he said that they would lead to the deaths of more Americans. Period.
On his renouncing his Canadian citizenship, he said that he had thought basically that it was not valid, but on finding out that it was, he took steps to end it so there would be only US citizenship.
At this point, I am intrigued by the idea of New Mexico Governor and former prosecutor, Susanna Martinez (strong pro-life conservative), as his running mate. It would be Hispanic, Hispanic female....BOTH of whom object to illegal immigration.
That should blunt the concerns of those who worry about Hispanic votes, and it should blunt some concerns about running against female, Hillary Clinton.
We just need the GOP-E to stop throwing bombs at Cruz.
Exactly and she needs to be commended for putting her family's needs first.
We need to remember that Trig Palin is disabled, he was an INFANT when the media first tried to destroy him, but thankfully he was unaware of this. Trig is now six and his family would be unable to shield him from the vitriol that would spew from the left.
"There you go again!"
8^)
That is one of the functions of the president but why did the founders only add that requirement for the Commander in Chief.
Give it some thought before responding.
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