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University of Chicago Law Professor: Cruz not Eligible
Slate ^ | February 9, 2016 | Behind the Blue Wall

Posted on 02/09/2016 6:22:54 AM PST by Behind the Blue Wall

The words natural born citizen, and their original meaning at the time that this constitutional clause was crafted, go a long way to answering this question. In founding-era America, like today, a person could be a citizen by virtue of birth on American territory; a citizen by virtue of a statute that granted citizenship to him at birth; a "naturalized" citizen, meaning one who entered the country as an alien but later obtained citizenship via a process determined by law; and a foreigner.

A natural born citizen cannot be a foreigner. Foreigners are not citizens. A natural born citizen cannot be a person who was naturalized. Those people are not born citizens; they're born aliens. Most important for the purposes of the Cruz question, a natural born citizen cannot be someone whose birth entitled him to citizenship because of a statute—in this case a statute that confers citizenship on a person born abroad to an American parent. In the 18th century, as now, the word natural meant "in the regular course of things." Then, as now, almost all Americans obtained citizenship by birth in this country, not by birth to Americans abroad. The natural way to obtain citizenship, then, was (and is) by being born in this country. Because Cruz was not "natural born" -- not born in the United States -- he is ineligible for the presidency, under the most plausible interpretation of the Constitution.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: cruz; naturalborncitizen; repositorycruz
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1 posted on 02/09/2016 6:22:54 AM PST by Behind the Blue Wall
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To: Behind the Blue Wall

I guess college professors trump judges?


2 posted on 02/09/2016 6:24:11 AM PST by fwdude
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To: Behind the Blue Wall

Freepers posting garbage from a far left crap rag to disoarage the one true conservative in the race, go figure.


3 posted on 02/09/2016 6:25:12 AM PST by traderrob6
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To: Cboldt; LucyT; Amntn; nopardons; Jane Long; onyx

one more opinion


4 posted on 02/09/2016 6:25:35 AM PST by hoosiermama (Make America Great Again by uniting Great Americans!)
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To: Behind the Blue Wall

Except the Illinois courts ruled otherwise.


5 posted on 02/09/2016 6:26:21 AM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: Behind the Blue Wall

Slate snicker


6 posted on 02/09/2016 6:26:56 AM PST by svcw (An armed man is a citizen, an unarmed man is a subject)
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To: Behind the Blue Wall

It’s always amusing when leftist, “living ‘constitution’” college professors suddenly, conveniently become originalists.


7 posted on 02/09/2016 6:27:16 AM PST by fwdude
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To: Behind the Blue Wall
More junk from Slate, although this was already posted at http://www.freerepublic.com/focus/f-news/3394736/posts with correct attribution for the author.
8 posted on 02/09/2016 6:28:20 AM PST by ken in texas
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To: Behind the Blue Wall

Oh, well if Slate says it then you know it must be true! (Snicker)


9 posted on 02/09/2016 6:29:26 AM PST by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: Behind the Blue Wall

So, you wrote this article? Why are you on this board?


10 posted on 02/09/2016 6:29:42 AM PST by originalbuckeye ("In a time of universal deceit, telling the truth is a revolutionary act." - George Orwell)
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To: Behind the Blue Wall

I attended college at the Universityof Chicago. I took “Soviet Domestic Policy” with Cynthia Kaplan. Her biggest problem with the Communist Party was that there were too many men in it. To the university’s credit (and I am not quick to give it), she did NOT get tenure.


11 posted on 02/09/2016 6:30:47 AM PST by Dr. Sivana (There is no salvation in politics)
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To: Behind the Blue Wall

By Eric Posner.

Not you.


12 posted on 02/09/2016 6:31:12 AM PST by humblegunner (NOW with even more AWESOMENESS)
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To: Behind the Blue Wall

Oops. You list yourself as the author, but I see the actual author is Eric Posner. Still, Slate does not garner respect here.


13 posted on 02/09/2016 6:31:18 AM PST by originalbuckeye ("In a time of universal deceit, telling the truth is a revolutionary act." - George Orwell)
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To: Jonty30
Except the Illinois courts ruled otherwise.

Board of Elections, but still authoritative.
14 posted on 02/09/2016 6:31:21 AM PST by Dr. Sivana (There is no salvation in politics)
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To: humblegunner

Yikes, sorry.


15 posted on 02/09/2016 6:32:11 AM PST by Behind the Blue Wall
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To: traderrob6

This is not a one sided thing Cruz supporters dig up all sorts of liberal rags and worse yet blogs. So both sides have issue here. My concern is why won’t Cruz just unseal his Consular Report of Birth and end this whole issue?


16 posted on 02/09/2016 6:32:56 AM PST by nclaurel
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To: Behind the Blue Wall

I didn’t know Chicago had any “professors”. Especially “law professors”.


17 posted on 02/09/2016 6:33:33 AM PST by FlingWingFlyer (Viruses and diseases must be DemocRATS. They love open borders.)
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To: Behind the Blue Wall

Birthers!!


18 posted on 02/09/2016 6:33:41 AM PST by twister881
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To: Behind the Blue Wall

If Obama can be president then so can Cruz. Not that I buy anything this egghead prof has to say on the subject.


19 posted on 02/09/2016 6:35:40 AM PST by Bloody Sam Roberts (Why do we give our hearts to the past? And why must we grow up so fast?)
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To: fwdude

Why, here I have heard it cried out over and over...” Follow the ‘original intent’ of the Constitution... Was that just a slogan?

Who teaches judges the ‘law’?


20 posted on 02/09/2016 6:35:40 AM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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