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Fordham Law Prof: Ted Cruz Not 'Natural Born' Under 'Originalist' View of Constitution
Breitbart ^ | 01/11/2016 | Breitbart News

Posted on 01/11/2016 8:19:23 AM PST by Greetings_Puny_Humans

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To: DesertRhino
There is no class of citizen that was born here,

Cruz wasn't born here. He was born in Canuckistan, where the only way they can receive citizenship of any kind is via congress, and, that, only a type of naturalization that is instant at birth. His father is not an American citizen, nor was he born here in the US, and is, therefore, unable to receive natural born status.

81 posted on 01/11/2016 10:21:41 AM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: peyton randolph

This law professor is considered an expert by the conservative Federalist Law society, according to Breitbart, which has done another article on him.


82 posted on 01/11/2016 10:24:00 AM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: Bruce Campbells Chin
I think the Court would hold that the distinction between the citizenship of the mother and the father at English Common Law is no longer valid, based on the 14th and 19th Amendment.

It be a "living document" sort of argument, as neither the 14th or 19th amendment were meant to change the definition of natural born citizen as understood by the founders. The proper mode would be to amend the constitution so Cruz would be eligible.

83 posted on 01/11/2016 10:25:35 AM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: Finny; Greetings_Puny_Humans

Thanks Finny. You’ve established for us that you’re a Ted Cruz supporter. You’ve not established anything else for us.

Fact of the matter is, the “spirit” of somebody’s upbringing and presumed patriotism means absolutely zilch here. The law does not take it into account at all. It does not matter.

Cruz and Obama are both on the same ground.

They both were born on foreign soil to parents of whom only one was a US citizen.

As such, neither of them are “natural born” citizens. BOTH of them are “naturalised” citizens on the basis that their claims to citizenship were established by congressional statute under Congress’ authority to establish uniform rules of naturalisation. Under natural law and English common law alone, neither of them would be natural born American citizens.

If you don’t like that, well, too bad. Put on your big boy pants and deal with it. I’m not interested in “shutting up” just because you don’t like the fact that I said something about your candidate you didn’t like. In fact, I’m frankly getting tired of all you people - regardless of candidate - who think the particular politician you’ve decided to latch onto is some special little snowflake who shouldn’t ever be criticised or questioned.


84 posted on 01/11/2016 10:25:55 AM PST by Yashcheritsiy (What good is a constitution if you don't have a country to go with it?)
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To: Bidimus1

“I find it most interesting if so many people wish to create a third class of citizen. There are only two types of citizen in the United States under the law as presently understood and enforced are a citizen at birth and a naturalized citizen. There is no third if anyone can find a third classification and statute I would like to see it.”

You’re asking for a statute to make a natural born citizen, which is not possible. The Constitution did not grant the Congress the power to establish a uniform Rule for Naturalization of natural born citizens. The Constitution did not do so, because you cannot naturalize a person to become a citizen when the person was already born a citizen by the authority of natural law (and God). Instead, the Constitution granted the Congress the power to “establish an uniform Rule of Naturalization, which means Congress was granted the power to take non-citizens and make them by the authority of manmade statutory law persons who henceforth were to be “considered as” or accepted as if they were actual citizens at birth similar to but not exactly enjoying the same rights and duties as an actual natural born citizen. Consequently, statutory law conferring the status of natural born citizen is not possible and contrary to the meaning of the phrase. Natural born citizens exist under the authority of natural law and outside the authority of statutory Federal Law.

“Since a person who is born and is a citizen at the time of birth is not naturalized they are born a citizen thus unless you discount c-section births they are a natural born citizen.”

Totally wrong. All grants of citizenship are by definition some form of naturalization. Those examples involving the statutory grant of citizenship at birth are a form of naturalization at birth and collective naturalization at birth currently defined under 8 U.S. Code § 1401 - Nationals and citizens of United States at birth. Those examples involving the statutory grant of citizenship after birth are a form of naturalization to be found under 8 U.S. Code Part II - Nationality Through Naturalization. Examples of granting actual natural born citizenship are by their definition not going to be found in any statutory law, because only God’s natural law can grant that form of citizenship. This is the ripping point for so many people in these natural born discussions. They fail to realize those of us who were born with our natural born citizenship did not acquire that citizenship because some government granted that citizenship to us. We acquired natural born citizenship by being born under the sole allegiance of the United States with two U.S. citizen parents. All other people acquired their citizenship acquired the U.S. citizenship only because the Constitution granted the Congress the power to make statutory laws that would in turn grant alien born persons to be granted U.S. citizenship retroactive at birth or after birth.


85 posted on 01/11/2016 10:33:12 AM PST by WhiskeyX
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To: nickcarraway

And a member of the faculty at one of trump’s alma maters.


86 posted on 01/11/2016 10:33:45 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: Greetings_Puny_Humans

He had the ability to get Canadian citizenship but he never asserted that citizenship. By your definition Donald Trump is never renounce his British citizenship which he is equally entitled to as cruise through his mother.


87 posted on 01/11/2016 10:34:41 AM PST by nickcarraway
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To: BfloGuy

“What would a law from 1709 have to do with anything?”

That was a typo. It was supposed to be 1790.


88 posted on 01/11/2016 10:36:11 AM PST by WhiskeyX
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To: nickcarraway
By your definition Donald Trump is never renounce his British citizenship

Except Trump isn't a British citizen. Trump's mother was a naturalized citizen before he was born, to a father who is an American citizen, born right here on American soil.

Cruz is the son of a Cuban turned Canadian who was born in Canuckistan, where no good thing ever comes.

89 posted on 01/11/2016 10:37:27 AM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: Greetings_Puny_Humans
Well, as I see it, the Kenyan usurper gets a free pass for not being a natural born U.S. citizen, so the whole Ted Cruz argument of citizenship is moot.

Hypocrisy, thy name is liberal...

90 posted on 01/11/2016 10:40:58 AM PST by EnigmaticAnomaly ("With the demonrats in charge, we find ourselves living in an ineptocracy.")
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To: nickcarraway

Actually, he likely is a British national. Yep, trump likely has dual nationality. Although his mother became an American citizen before he was born, according to British law, she never properly renounced her British citizenship. British nationality passes from the parent to the child (so long as the parrnt, at some time in his/her life, lived in Great Britain.

Has trump renounced his British nationality? Does that raise questions of loyalty? More importantly, does that mean he’s not a natural born citizen? Of course not. The laws of another country granting citizenship or nationality are irrelevant to our law.


91 posted on 01/11/2016 10:42:36 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: Curmie

It amazes me that folks who are promoting Ted Cruz as a True Conservative would abandon original intent when interpreting the Constitution with respect to their candidate. The original intent for Natural Born Citizen born outside of US territory was through the father’s citizenship, not the mother’s. The evidence shows that Ted’s father was a Canadian citizen when Ted was born, in Canada. Ted has admitted to being a Canadian citizen up until 18 months ago.

Why do we need this kind of trouble with our nominee? Ted can spend some more time in the Senate, and then President Trump can appoint him to the Supreme Court. To me, this seems like a better use of talents.


92 posted on 01/11/2016 10:42:53 AM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR!)
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To: Greetings_Puny_Humans
Cruz is the son of a Cuban turned Canadian who was born in Canuckistan, where no good thing ever comes.

Well...I wouldn't go that far. Canada has produced some pretty good television shows.

:-)

93 posted on 01/11/2016 10:45:02 AM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: skeeter

Your stupidity has now been exposed for all to see.


94 posted on 01/11/2016 11:03:13 AM PST by Defiant (RINOs are leaders of a party without voters. Trump/Cruz are leaders of voters without a party.)
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To: Greetings_Puny_Humans

Sure. And in the early 20th Century, a woman would lose her US citizenship by marrying an alien. Maybe this genius hasn’t heard that laws change, and that the US Constitution is a “living, breathing document,” which is the great irony here. Liberals have tried to toss the Constitution for their own agenda, using the “living, breathing document” ruse, yet given a circumstance in which the 1952 Immigration & Nationality Act defines one who is a US citizen at birth, they haul out the “originalist” BS.


95 posted on 01/11/2016 11:04:15 AM PST by DPMD
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To: Greetings_Puny_Humans

Lee clerked for Justice David “In the closet” Souter.

Cruz clerked for Chief Justice Rehnquist.

I’d hazard a guess that Lee’s analysis is colored both by left-wing political views and a personal axe to grind.


96 posted on 01/11/2016 11:42:34 AM PST by peyton randolph (I am not a number. I am a free man.)
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To: peyton randolph

Harvard Legal Prof. Larry Tribe, a real heavyweight says its an open question.

Hey this guy Tribe is one of the top constitutional legal scholars, I think Ted should get it decided, and not just dismiss a challenge.

I would love to see Ted serve. But first things first.


97 posted on 01/11/2016 11:50:10 AM PST by Zenjitsuman (A)
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To: SubMareener

Under the current theory that says Ted is a Natural Born Citizen, the Royal Princes and Princesses of Jordan are also Natural Born Citizens. Their mother was born a US Citizen.
________

You are correct. Queen Noor and her husband The King, were American Citizens. The King’s power came from Mohammed’s bloodline, the man himself was born in the US and was an American citizen. Wild isn’t it?


98 posted on 01/11/2016 12:03:37 PM PST by GeaugaRepublican (Angry yes, mad, no.)
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To: Greetings_Puny_Humans

Only eight of the founding fathers were immigrants. The rest were born on this soil. Four (Butler, Fitzsimons, McHenry, and Paterson) in Ireland, two (Davie and Robert Morris) in England, one (Wilson) in Scotland, and one (Hamilton) in the West Indies


99 posted on 01/11/2016 12:04:09 PM PST by AuntB (Illegal immigration is simply more "share the wealth" socialism and a CRIME not a race!)
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To: Greetings_Puny_Humans

Is this NBC question fair game? Well Donald Trump was grilled over his citizenship in 2011 when he went on “the shows” to try to generate interest in looking at Obama’s legitimacy.

In this article from WND “NOW LOOK WHO’S GETTING GRILLED OVER ELIGIBILITY ‘Natural born’ citizenship questions go beyond Obama to GOP potential”

http://www.wnd.com/2011/03/281157/

Trump put himself out there in 2011. It certainly did not enrich him. He did accomplish getting Obama to release his long form birth certificate. http://abcnews.go.com/Politics/donald-trumps-history-raising-birther-questions-president-obama/story?id=33861832

How will America protect itself from a Manchurian Presidential candidate? I’m watching European countries with great interest. Germany has been sold out.


100 posted on 01/11/2016 12:18:13 PM PST by GeaugaRepublican (Angry yes, mad, no.)
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