Why Ted Cruz is constitutionally qualified to be president

American Thinker ^ | March 3, 2015 | Pedro Gonzales

[Perdogg]

No, that is what some of you said. Jerome Corsi said Obama was born in Kenya, then said Wilbur Davis Marshall father.

I have been consistent since 2008.

[Perdogg]

This crap that is not in the Constitution. Reading this makes my head hurt.

[philman_36]

The Nationality Act of 1940...

Natural law versus positive law.
Natural born citizens don't need positive (man made) law to establish citizenship.

It isn't that hard to understand and it isn't rocket science.

[Perdogg]

http://legalinsurrection.com/2013/09/natural-born-citizens-marco-rubio-bobby-jindal-ted-cruz/

[South Dakota]

CRUZ was not born on US soil. This is what the dhimmicrats will say 24/7.
He is not elegible

[South Dakota]

CRUZ was not born on US soil. This is what the dhimmicrats will say 24/7.
He is not elegible

[philman_36]

THE TERM "POSITIVE LAW"
In general, the term "positive law" connotes statutes, i.e., law that has been enacted by a duly authorized legislature. [2] As used in this sense, positive law is distinguishable from natural law. The term "natural law", especially as used generally in legal philosophy, refers to a set of universal principles and rules that properly govern moral human conduct. Unlike a statute, natural law is not created by human beings. Rather, natural law is thought to be the preexisting law of nature, which human beings can discover through their capacity for rational analysis. (emphasis in the original)

Rational analysis seems to have disappeared in many places.

[Monorprise]

“The question then is, what is a natural born citizen? I don’t think there is any doubt that being born abroad doesn’t prevent Cruz from being a natural born citizen. If so, any children born to American parents while abroad wouldn’t be Americans. That makes no sense. And to eliminate doubt, Congress expressly passed a law saying children of Americans born outside America were in fact natural born Americans.”

Acts of federal politicians not withstanding it makes no sense to have such a concept as “natural born Citizen” unless it is distinguished from anther kind of citizen
‘naturalized’ or otherwise.

[philman_36]

All we know from the text itself is that to be President one must be a citizen by virtue of birth, not some other method of obtaining citizenship.

Yet he says this earlier...

Under the law existing at the time of their birth, each became a citizen of the United States at birth. Rubio and Jindal by the 14th Amendment, Cruz by statute.

Isn't the 14th Amendment "some other method"?

[BreezyDog]

Neither was Juan McCain...

[Milton Miteybad]

If Obama was eligible to serve as President, then just about anybody is.

[Georgia Girl 2]

After OMuslim anybody who is willing to put their hand over their heart for the Pledge of Allegiance is eligible.

[philman_36]

And there is this as well...

The British term “natural born Subject” as well as concepts of “natural law” were not clearly relied upon by the Framers, and are in themselves not clearly contradictory to this plain reading of the text.

Both the First and Second Amendments prove the emboldened portion of that statement to be totally absurd.

Nice compilation. However, as you might guess, I disagree with his conclusions.

[Verginius Rufus]

Both of Thomas Jefferson’s parents died before the adoption of the Declaration of Independence, so they were not citizens of the United States.

[sten]

his mother was an American citizen

[sten]

if we do that, then there is no integrity and the Constitution is already dead.

REQUIRE , nay... DEMAND they adhere to the Constitution as it’s the LAW

[South Dakota]

Actually McCain was born in a hospital near where his father was stationed.
Juan was considered to have been born on US soil because of this.
Cruz was not born on US soil.
The fact that his father is or was a foreign national disqualifies him

[philman_36]

Both of Thomas Jefferson’s parents died before the adoption of the Declaration of Independence, so they were not citizens of the United States.

For your edification...

Article 2, 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.

[philman_36]

Both of Thomas Jefferson’s parents died before the adoption of the Declaration of Independence...

Weren't they dead before the Constitution was signed too?

[philman_36]

The fact that his father is or was a foreign national disqualifies him

Wasn't BHO Sr. a foreign national here on a student visa?