Posted on 03/23/2015 8:36:35 AM PDT by SeekAndFind
Now that Ted Cruz is officially in the Presidential race, you may rest assured that some of the same people who considered it an insult of titanic proportions to even ask to see President Obama’s birth certificate will be kicking off a similar conversation regarding the Texas Senator. Because, you know… he’s a gosh darn foreigner. For the few of you who may have missed it, Cruz was born in Canada. His father was from Cuba but his mother was a US citizen. As our colleague Guy Benson explained over a year ago, this one isn’t even a question.
For the uninitiated, the Texas Senator and conservative stalwart was born in Calgary, Canada — prompting some to insist that he’s not a “natural born citizen” and is therefore ineligible for the presidency. But there are only two types of citizens under the law: Natural born Americans (from birth), and naturalized Americans, who undergo the legal process of becoming a US citizen. Cruz never experienced the latter proceedings because he didn’t need to; his mother was born and raised in Delaware, rendering Cruz an American citizen from the moment of his birth abroad. Meanwhile, Cruz hasn’t even indicated if he has any designs to pursue a White House run — he’s got his hands full in the United States Senate. National Review has more on this preposterous “debate:”
Legal scholars are firm about Cruz’s eligibility. “Of course he’s eligible,” Harvard law professor Alan Dershowitz tells National Review Online. “He’s a natural-born, not a naturalized, citizen.” Eugene Volokh, a professor at the UCLA School of Law and longtime friend of Cruz, agrees, saying the senator was “a citizen at birth, and thus a natural-born citizen — as opposed to a naturalized citizen, which I understand to mean someone who becomes a citizen after birth.” Federal law extends citizenship beyond those granted it by the 14th Amendment: It confers the privilege on all those born outside of the United States whose parents are both citizens, provided one of them has been “physically present” in the United States for any period of time, as well as all those born outside of the United States to at least one citizen parent who, after the age of 14, has resided in the United States for at least five years. Cruz’s mother, who was born and raised in Delaware, meets the latter requirement, so Cruz himself is undoubtedly an American citizen.
This was the same conversation that took place in 2007 and 2008 regarding John McCain. (McCain was born in Panama.) At the time, both Hillary Clinton and Barack Obama signed on to a simple resolution (along with the rest of the Senate) declaring that Senator McCain was “a natural born citizen” and eligible for the presidency. Given the current, rather toxic climate inside the beltway, I have to wonder if Ted Cruz will be offered the same consideration?
Perhaps a better question, though we’ve kicked this one around here before, is whether or not the Supreme Court will ever rule on this definition once and for all so we can just be done with it. True, we have some federal laws on the books which cover such things and they are frequently referenced when these discussions come up. And there’s absolutely nothing to indicate that this interpretation is any way unconstitutional.
And why would it be? The prevailing wisdom seems to at least have the benefit of sounding reasonable to the layman. Going back to the writing of the Constitution it was recognized that there are only two types of citizens recognized. You are either a citizen at the time of your birth or you become one later by going through the naturalization process. If we have to pick one of these two classes to be “natural born” it seems a rather easy choice.
But, yet again, that answer won’t be “permanent” (for lack of a better word) without the Supremes weighing in on it. And for that to happen, someone would have to challenge it. And that someone would have to have standing to even bring the challenge. You know… the more I think about it, maybe we should just stick with what we have now.
Perhaps you are familiar with the term “semantics”. Saying the same thing in a different way. But you are missing the point. You have been show how both Congress and SCOTUS have ruled counter to your assertion that it takes two combined conditions to be the exclusive requirement of natural born citizen. Your assertion is thus demonstrably false.
Shake your fist and rail about how it “should be”. Fantasize to your hearts content. I deal in reality and the reality is, natural born means at the time of birth, the person is a citizen and does not need to be naturalized.
Since you refuse the real world evidence provided to you, I will no longer engage your fantasies.
If the Constitution is moot, so is the rule of law. Yet you still want to play a rigged game? I'm out.
Are you a quadriplegic?
Or otherwise unable to google that actual case reference?
RE: Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes
Well, we are living in 21st century America. Whatever we have PRUDENCE is not one of them.
But my question has not been answered... what do we do with all the Federal laws that have been passed the past 8 years?
I voted for Bob Barr in 2008 as he was eligible and then held my nose for Romney in 2012. Kind of the reverse of you.
I’d be happy to vote for Cruz. He is the most conservative candidate we could hope for.
I’m never voting for Jebster.
Mine should have had the < /sarc > tag as well, for clarity.
How was McCain not eligible? His parents were both US citizens, and he was born on a US military base in the US owned Panama Canal Zone. By your crazy azz interpretation, no one born overseas on a US military base to US citizens would be natural born. That’s nuts! You would penalize people for serving their country with this moronic view!
I have been shown no such thing.
Mr Cruz’s NBC status flows from the enumerated powers of Congress and the first acts of Congress which established the precedent of being naturally born a US citizen if the person is born abroad to US parents. The current will of Congress is expressed in Title 8 section 1401. In subsection G of the same, you will find the specific qualification for Mr Cruz.
Agreed; he's totally unacceptable.
I’d be happy to vote for Cruz. He is the most conservative candidate we could hope for.
I think he is the most conservative* on the field; however, I do not believe he is constitutionally eligible and I am not willing to violate my conscience there.
I certainly won't be attacking people for throwing their vote his way.
* — conservative
is a horrid descriptor here, as it's perfectly valid to call one wanting to keep the status quo conservative
.
I voted for Bob Barr in 2008 as he was eligible and then held my nose for Romney in 2012. Kind of the reverse of you.
Heh, that's kind of funny.
I'm well acquainted with the case. Please post the relevant part here or put a sock in it.
Natural born citizen with a legal SS number.
I will play what is left to play until I can get out.
Who cares if illegals need to go make a visit to family back home before legalization? That’s an old GOPe trick to try to slip amnesty in at various points in the last decade.
And the GOP push in Congress against amnesty in the coming months is simply a push to stop Obama for getting all the credit for it.
Cruz’s pro-’legalization’ (pro-amnesty) position is the weakness in his otherwise solid platform, but it is stronger than the other prospective candidates in the race.
And you lose; the only power congress has over citizenship is that of establishing a uniform rule of naturalization; see Art 1, Sec 8.
The current will of Congress is expressed in Title 8 section 1401.
Which flows from congress's power over naturalization, or else is an usurpation of powers.
What good is a Constitution at proscribing limits on a legislature if the ordinary operation of the legislature may alter it?
Bingo!
He was born in the country of Panama, not the Canal Zone. They didn’t have a hospital there yet.
Cruz will be the next president.
What? So, if my American parents happened to be visiting Canada when I was born, I'm suddenly ineligible? Even though I was an American citizen at birth?
That makes no sense. Natural born does not mean "born on US territory"; it means "American citizen at birth". Someone who is an American citizen at birth is not "naturalized". Therefore they are, by definition, Natural Born.
The issues surrounding 0bama's citizenship center around his mother's age, and thus her US citizenship status, at the time of 0bama's birth.
The birth of Ted Cruz to an unquestionably American mother (while she was in Canada) is a much different situation.
Ted Cruz is an NBC, and not a single Court in this nation is going to rule otherwise. Not one.
EO13489
Says in part:
“Notice Of Intent To Disclose Presidential Records
When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines providied by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege.”
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