Posted on 01/11/2016 8:19:23 AM PST by Greetings_Puny_Humans
Thomas Lee, a professor of constitutional law and international law at Fordham Law School, writes in the Los Angeles Times that Sen. Ted Cruz (R-TX)97% would not be considered a "natural born citizen" under an originalist view of the Constitution.
From the LA Times:
Under either a textualist or a "living Constitution" theory, Cruz is a "natural born Citizen," eligible to be president; under an originalist view, however, he isn't. It's the conservative theory that would exclude the conservative Cruz from presidential eligibility.
To an originalist, a "natural born Citizen" is a person who is a citizen of the United States under "natural" principles of law in 1788. Two such principles were then in play in the U.S. Jus soli — the law of soil — was the principle that a child was subject or citizen of the sovereign who ruled the land or seas on which the child was born. Jus soli was viewed as a part of the common law of England, which was adopted by the American states. Jus sanguinis -- the law of blood -- held that a child's citizenship flowed from the parents' allegiance, regardless of place of birth. This principle was prevalent in continental Europe, and in England it was the basis for an exception to jus soli for children born there to foreign ambassadors.
(Excerpt) Read more at breitbart.com ...
I believe you are forgetting the return to / live in US requirement.
Yes I grasp it, but there is no legal forum for it. It’s up to those who would wish him declared ineligible to bring a case.
For example, you don’t have to go to court and claim/prove you were not speeding every time you drive. But if someone does day you were, then you present a defense.
Trump suggest Cruz was not a NCB, Cruz showed the mother’s birth cert and the law.
Case closed, but unfortunately, Trump’s mouth is not.
‘but there is no legal forum for it.’
IF Cruz wins the primary, you’re in for an eye opener. And it will not come from Trump.
No, it means they may legally be NBC.
Remember, never expect the law to be logical.
As an example, years ago when the Soviets were building their new embassy in Washington, DC, they brought their own general contractor. He had diplomatic immunity. His Soviet wife was sort of a helper, part-time secretary around the Soviet Embassy. They never applied for diplomatic immunity for her.
She got pregnant while they were here in the United States and is a “courtesy” to the pregnant mother, they asked her (when she was eight months pregnant) would she rather fly Aeroflot back to Moscow and have the baby in Pregnancy Hospital number 11, or would she rather have her child at Walter Reed hospital.
Mom was no dope.
When Katrina was born at Walter Reed, she, like all babies at Walter Reed, were foot printed.
Eight years later, general contractor father, mother and Katrina go back to Moscow. Just before Katrina’s 18th birthday, she asked her mother “Mama, you always told me we were going back to the “Workers Paradise” When I look around, I see many workers, but no paradise.
On her 18th birthday, Katrina took her footprints and her birth certificate to the United States Embassy in Moscow. Three weeks later she was here.
She is legally a natural born citizen because she was born here within the geographic United States, and at least one of her parents was subject to US law.. Had Katrina’s mother ever obtained diplomatic immunity, and therefore not subject to US law, Katrina would not be a citizen..
But because her mother was subject to US law, Katrina is here, now married, has two beautiful children, hates Putin and the rest of the Communists, and thinks Ronald Reagan was one of the greatest man who ever lived.
Like I said, never expect the law to be logical.
Right! And these are all REAL Conservatives and Ted is the only REAL Conservative running! It is kind of sad when you think about it.
There is no legal forum for CRUZ to bring/begin the legal case. His legal response would be to someone seeking to get him declared ineligible.
There is no forum for him to begin an action to have himself declared eligible.
He is assumed eligible until someone brings an action to have him declared ineligible, and at that time Cruz would fight it.
All I am saying is that the Dems are salivating. IF they get the chance, it will be a spectacle unseen to date.
Incidentally, even McCain got his cronies to go on record saying he was good to go. Of course, there was no big issue there. But he wanted to clarify in advance, at least among his colleagues. It was a considerate thing to do.
It’s not an issue, nor will it be.
The days of something being an issue simply because Trump says it are about over.
Why do you think he hasn’t...to the state party, the national party or the state elections bureau? Honestly, I am happy that we are dealing with this foolishness now rather than later.
You’re not even reading my posts. Trump is not part of this equation.
Yes, I’ve read your posts. This is not an issue that would play in the General.
It’s only an issue now because Trump raised it.
Had anyone else raised it, it would have been a one day story.
For me, yes, but I don’t need consolation. I know that the Constitution grandfathered the founding fathers as eligible to be President. I think I knew it around 8th grade.
Anyway I got no time for you fan girls.
>> Why won’t he produce his US birth documents showing that he is at least a US citizen? <<
His Canadian birth certificate is his US-eligible birth document. Although born in Canada, his parents’ permanent residence was the U.S. No need for a separate US birth certificate.
>> Since Cruz denounced his Canadian citizenship in 2014, why would he need to flash it around now? <<
Please don’t expect me to know your context, when your context is the fever swamps of private bloggers. Are you saying he’s flashing around his Canadian citizenship?
Btw, your vaunted source is hysterically wrong on a key point: Although he spent some intervening years in Canada, Rafael Cruz (,Sr.) officially immigrated to the U.S. from Cuba.
Also, as I pointed out at the start, the argument that “natural born citizen” = “citizen at birth” is not an argument from silence, but from the first Congress. If JB Williams is so interested in this issue that he has private sources leaking him interviews, why doesn’t he know what you can find out about NBC simply by reading a Wikipedia page? (Of course, I always check original sources after finding something on Wikipedia.)
Being called out for saying something stupid reflects on you, not on others. Post intelligently or go home.
That’s not ALL that the immigration law of 1790 says. It adds: “Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:”
At the time of his birth Cruz’s father was a citizen of Canada. So, his father had never had the intent of being an official resident of the USA. It’s obvious by his actions.
Actually, Cruz’ father was not a citizen of Canada, but a citizen of Cuba. His permanent residence was in the United States. And the Act of 1790 is citied only because it provides historical context for we originalists that “Natural-born citizen” meant “citizen at birth,” not because it is controlling legislation. It’s been supplanted about a dozen times since then.
It’s as if you live in an alternative reality. In your world, Dems are honest and principled. They put both country and integrity ahead of party. If Cruz were the nominee, they would not dream of creating a three ring circus to benefit their candidate. They would meekly ignore the fact that Cruz was born in Canada, and just run a good, clean campaign against him.
The only way you’ll learn otherwise is if Cruz is actually the nominee. Otherwise, carry on with your fairytale. It seems to suit you.
Actually, when he went to Canada he applied for Canadian citizenship and got it in pretty short order. Either way, he demonstrated that his loyalty was not with the United States.
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