Let's Put an End to this Birther Nonsense about Ted Cruz

Red State ^ | January 19, 2016 | Jake from Red State

[tennmountainman]

Yeah. I should have used eligible.

With 28% of the public believing he is not eligible to run.

It’s doesn’t matter if he is legally eligible to run.

28% is impossible to overcome.

[Cboldt]

Nevermind the fact that the 1790 act creates a legal fiction, it "defines" something is, that it is not.

A 22 year old shall be considered as a child (this is REAL US regulation, today, right now)

[Cboldt]

It'll get a hearing. One of Cruz's opponents in the election has sued in Federal Court in NH. Opponents in election contests have standing.

Rogers v. Bellei decides the outcome. Cruz is naturalized.

[EternalVigilance]

Anyone who uses the slur “birther” identifies themselves right out of the gate as folks who care more about political expedience than they do about constitutional adherence.

The 1790 Immigration and NATURALIZATION Act says that they shall “be considered as natural born,” not that they ARE natural born. The phrase conveys the exact same meaning as the word “naturalized.”

And besides, Cruz’s citizenship was not granted via the 1790 NATURALIZATION Act. It was granted solely via the provisions of the 1952 Immigration and NATURALIZATION Act.

He was made a citizen by statute, not by nature.

[Behind the Blue Wall]

Attempting to prove that someone is a natural born citizen by referencing naturalization statutes just evidences the degree of your ignorance on the issue. The only entity capable of providing details about who is or is not an natural born citizen is the Supreme Court, and only to the extent that the specifically reference that constitutional provision. SCOTUS decisions relating to naturalization are irrelevant.

The SCOTUS has in fact dealt with natural born citizenship in Minor v. Happersett (1874), and in that case they defined it as born in the U.S. to citizens.

[EDINVA]

I have to agree, virtually impossible to overcome, but it’s early yet. We’ll see what happens in the coming months, but IMHO Sen. Cruz has not been well served by his campaign staff, nor his SuperPAC (which the general public cannot tell apart).

[EternalVigilance]

At the time of his birth, Cuba had exactly the same claim on Ted that the US did. Born abroad of one citizen parent. As far as I know, Ted is still a naturalized citizen of Cuba, for real.

I have a friend, one who is quite expert in the obscure details of historical immigration and naturalization law, who says that Cruz, under the laws of Spain, could also lay claim to Spanish citizenship via his grandfather and father. I haven't taken the time to verify it, but it's interesting nonetheless.

[shelterguy]

“””I think his birther shot at Rafael was also a warning to Obozo. Trump was involved with Sheriff Joe if I remember correctly.”””

Do mean Sheriff Joe who said he had all the goods on obama and was set to make a major announcement... like two years ago????

[CpnHook]

"What are you wearing, Jake from Red State?...."

Good one. :)

[TheCipher]

The dissenting justices in Rogers v. Bellei 401 U.S. 815 (1971) actually define it:

"...Afroyim's broad interpretation of the scope of the Citizenship Clause finds ample support in the language and history of the Fourteenth Amendment. Bellei was not "born . . . in the United States," but he was, constitutionally speaking, "naturalized in the United States." Although those Americans who acquire their citizenship under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word "naturalize" in this way has a considerable constitutional history. Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, § 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen

Also:

The Fourteenth Amendment of the Constitution . . . contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory; or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts."

[Cboldt]

Don’t get your legal advice from Jake at RedState. Just saying, you’ll be bankrupt, jailed, your pets will be removed and adopted out, you’ll end up divorced with no inheritance, and then Jake, dear Jake, he’ll confess .... bbbbbut I’m not a lawyer!

[Faith Presses On]

Remember Hillary Clinton’s emails and all the criminal things they showed her to be doing? Remove those classified headers, remove before sending. Remember Benghazi, and Bill Clinton’s personal record on women?

Remember Planned Parenthood suing the people who exposed them haggling over the price of the organs of babies - $75, $100, would have taken $50, but maybe “we’ll check around and see what other clinics are getting and bump the price up if we need to”? Remember Planned Parenthood calling these people liars and deceivers who have blood on their hands?

Remember socialist Bernie Sanders getting up and saying to Hillary Clinton, “the American people are sick and tired of hearing about your d-— emails”? Remember HRC calling the families of Benghazi victims liars?

There is nothing to this issue with Ted Cruz’s birth. That’s the case even when we go with the Constitution writers’ intents as laid down in the law, which clearly weren’t to nail down specifics for American posterity, although they could have. Considering the law on citizenship including NBC changed FOUR times in less than the first 15 years of the nation under the Constitution, it’s a very good thing they didn’t nail anything down. They would have been amending A LOT.

And at this time in history, the whole issue is nothing, except maybe a gigantic gift to Hillary Clinton and all secular humanists/Democrats.

If the Dems run a similar candidate, which they will likely want to do at some point, and so don’t want to question Cruz’ eligibility now, then they will simply not challenge him or her, and the courts will do absolutely nothing.

The Dems have no interest in pursuing this one. But they will sit back, regroup, and let it consume the time and energy of their opponents, and maybe even, they hope, a candidate or two, in the infighting, and maybe more importantly, take the heat off THEM.

[showme_the_Glory]

funny!

[beandog]

I prefer to get advice on the constitution from Mark Levin.

[Cboldt]

Yeah, more good cites. I didn't want to plug the place with too much, people don't even read the treads for crap, let alone a long post.

How in the dickens anybody can read this case for the proposition that Bellei was NBC truly is a mystery. Still, I've had a good number of people tell me that exactly what the case stands for. Being charitable, I figure it's ignorance and wishful thinking. But damn!!

We humans sure are wired funny.

[DiogenesLamp]

October 10 to January 13.

Didn't have anything "conservative" to discuss in the interim?

Funny that.

[Faith Presses On]

Has HILLARY CLINTON, or BERNIE SANDERS, or any DEMOCRAT, been asked what they think on the question of Ted Cruz’s eligibility?

I’d like an answer to THAT.

I did a quick search and nothing turned up immediately. It may take some digging, if there’s anything at all.

[MHGinTN]

“We humans sure are wired funny.” It’s always puzzling when we confront magic thinking, unless you’re versed in the phenomenon.

[Cboldt]

To each his own. If it's important, I look it up myself. But I'm one of those lunkheads who doesn't trust the passenger's word that "the coast is clear, you can go."

I find that the so called celebrity experts and talking heads are correct about 1 time in a hundred. After looking up a few things and having my eyes opened, I don't any of them, and assume they are lying - because most of the time they are. Not on everything, just saying the legal analysis is lacking.

Somebody has a lid on revealing this to the public. I find it fascinating that the public can be so totally duped, on what is a really simple legal point.

500 years ago, Galileo was a kook, everybody knows the sun orbits the earth. And then we have the settled science of global warming.

You believe what you want - I'll believe what I want, and we both go away happy.

[CyberAnt]

But .. I hope Trump has not cut off his nose to spite his own face. Cruz is the legislator who could help Trump write the legislation to put forth the changes he wants to get done.

I don’t understand why Trump would start such a mess. The only thing I can think of .. the RNC made a deal with Trump. The RNC would rather have Trump than have to deal with the “strict construction” of Cruz.

This will be America’s loss. And .. America cannot stand many more.