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Yes, Ted Cruz is a “natural-born” citizen -- even in an originalist reading of the clause
Instapundit ^ | 01/13/2016 | E.P. Foley

Posted on 01/13/2016 7:43:19 AM PST by SeekAndFind

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1 posted on 01/13/2016 7:43:19 AM PST by SeekAndFind
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To: SeekAndFind

More crap from ignorant people who are intent on spreading their ignorance to others.


2 posted on 01/13/2016 7:45:24 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: SeekAndFind

Honest to god, I don’t get these people who claim it is all so important that the members put a phrase in when some of the same members took it out.

I have a person on another thread that is arguing just that. Who cares if James Madison took it out and George Washington signed it into law ...as well as other Founding Fathers.

We don’t know why they took it out. BUT THEY DID.

I venture to say it is MANY of people who put it in turned around AND TOOK IT OUT.

To me, that means they didn’t want it there for whatever reason.


3 posted on 01/13/2016 7:46:47 AM PST by RummyChick
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To: SeekAndFind

Had Cruz been born in 1921 under the identical birth circumstances that he was born into in 1970, than he would not even have been a US citizen. The Cable Act, passed in 1922, allowed a US citizen woman, married to a foreign national and who gives birth in a foreign country, to transmit US citizenship onto the newborn child for the first time.

Article II, Section I clause 5, was ratified in 1791 with the rest of the constitution, long before the Cable Act.. Article I has not been modified by any subsequent amendment. Accordingly, the original intent and meaning of Article II stands absent any such constitutional amendment.

The purpose of Article II, Section I clause 5 was to prevent undue foreign influence on the office of the presidency, PARTICULARLY thru a father owing allegiance to a foreign sovereignty. The framers took their definition for NBC from Emmerich De Vattel Law of Nations, the 212th paragraph of which was quoted in its entirety in the 1814 Venus Merchantman SCOTUS decision. The Law of Nations is referred to in Article I of the constitution. That definition referred to an NBC as being born of two citizen parents and born on the soil of the nation. That definition was cited in the 1868 case of Minor vs Hapersett, and Wong Kim Ark vs US. De Vattel has been cited and accepted in dozens of SCOTUS and federal lower court rulings. The framers were patriarchs who believed that the citizenship of the children followed the citizenship of the father.

The authors of the 14th amendment, Senators Howard Jacob and Rep. Bingham also defined an NBC in similar terms.

Obama is the very embodiment and personification of the REASON that the framers put those protections into the constitution. By ignoring it, we have opened ourselves to the anti American and unconstitutional tyranny that Obama poses to our constitutional republic.

Ted Cruz is head and shoulders the best candidate in the race. He is a patriot who loves this country and its people. He is intellectually and philosophically superior to ANYONE else in the race. As much as I admire him, He CANNOT be considered a natural born citizen, as he is a citizen by statute. He was born with THREE countries (The US, Canada, and Cuba thru his father) having a legitimate claim on his allegiance from birth, whether he wanted it or not. I believe in the constitution and the rule of law, NOT in the cult of personality. We should not yield to the same dark impulses of expediency and delusion that gave us the tyrannical sociopathic usurper demagogue Obama.


4 posted on 01/13/2016 7:46:57 AM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR!)
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To: SeekAndFind
Those citizens who do not need to go through the naturalization process are "natural born" citizens.

Wrong. Naturalized citizens are those who have been made citizens by virtue of statute, not nature.

Senator Cruz was made a citizen solely by virtue of the generous provisions of the 1952 Immigration and Naturalization Act.

5 posted on 01/13/2016 7:47:58 AM PST by EternalVigilance ('A man without force is without the essential dignity of humanity.' - Frederick Douglass)
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To: SeekAndFind

That sure is a mass of outside reference. What does the constitution say on its face? It defines citizen. If Cruz gets over that hurdle, continue to see if his citizenship is natural born or naturalized.


6 posted on 01/13/2016 7:49:14 AM PST by Cboldt
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To: SubMareener

” Cable Act, passed in 1922”

An act that reversed a terrible previous law that stripped a women of her citizenship for marrying a foreign man.

It had nothing to do with children.


7 posted on 01/13/2016 7:50:55 AM PST by CodeToad (Islam should be banned and treated as a criminal enterprise!)
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To: RummyChick

The phrase in the 1790 Act was “considered as a natural born citizen.” In other words, ‘as if they were natural born.’ The phrase takes four words to say the exact same thing is expressed by the one word: “naturalized.” It doesn’t mean that they actually WERE natural born. It’s that they will be treated that way by the statute.

And of course, mere statute cannot amend the Constitution.


8 posted on 01/13/2016 7:52:11 AM PST by EternalVigilance ('A man without force is without the essential dignity of humanity.' - Frederick Douglass)
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To: SubMareener

Not much credibility to this piece by completely ignoring the fact that even if you considered “offspring” born abroad to be natural born, it was through the father, and Cruz’s father was unquestionably not a U.S. citizen at the time of his birth. Even if you wanted to update it to delete the sexism of that, you would have to expand it to both parents, because having it be either/or mother/father would open up the possibility of a natural born citizen having divided loyalties, which is exactly the thing they sought to prevent with this provision.


9 posted on 01/13/2016 7:52:13 AM PST by Behind the Blue Wall
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To: RummyChick

Back when schools taught kids, we learned you had to be born on US soil. Common sense why this is important.

All the minutia of why this simple idea doesn’t apply to Cruz, or Obama, or millions of other foreign born who had a former US citizen parent, is the kind of insane political double speak that we are sick and tired of.

And sure, the hard Cruz supporters don’t care, but this crap isn’t exactly helping his alleged “outsider” facade.


10 posted on 01/13/2016 8:03:23 AM PST by moehoward
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To: SeekAndFind
I don't recall all these bid and bad Cruz skeptics/Constitutional scholars saying squat when it really mattered back in either 2008 or 2012. You all folded like cheap card-tables when the Left came up with that absurd "Birther" trope. And so, in the immortal words of Archie Bunker to Edith (whenever she uttered anything especially vapid) I say: "Stifle!
11 posted on 01/13/2016 8:04:54 AM PST by Trentamj
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To: CodeToad

Yes, I see your point. Also, under the Cable Act of 1922, Ted’s mother would have lost her American citizenship after two years in Canada.


12 posted on 01/13/2016 8:27:19 AM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR!)
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To: SubMareener
You must ask your self

Will the DNC go after Cruz legally?

13 posted on 01/13/2016 8:30:13 AM PST by scooby321
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To: SeekAndFind
If Cruz's parents had not been married when he was born, then his natural born status would not be in question--because his mother was a US citizen. Should his status be worse because he was born to married parents?

Back in 1790, the legal system was much more patriarchal than it is now--married women were more or less like children in the eyes of the law. So the father's status carried more weight than the mother's. The law changing that in the 1920s came after the amendment that gave women the right to vote, when social and legal attitudes had changed.

Sen. McCain was on one of the morning shows yesterday and falsely asserted that he himself had been born in the Panama Canal Zone, rather than in Panama proper.

14 posted on 01/13/2016 8:46:46 AM PST by Verginius Rufus
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To: SeekAndFind
If Cruz's parents had not been married when he was born, then his natural born status would not be in question--because his mother was a US citizen. Should his status be worse because he was born to married parents?

Back in 1790, the legal system was much more patriarchal than it is now--married women were more or less like children in the eyes of the law. So the father's status carried more weight than the mother's. The law changing that in the 1920s came after the amendment that gave women the right to vote, when social and legal attitudes had changed.

Sen. McCain was on one of the morning shows yesterday and falsely asserted that he himself had been born in the Panama Canal Zone, rather than in Panama proper.

15 posted on 01/13/2016 8:46:47 AM PST by Verginius Rufus
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To: EternalVigilance

RE: Senator Cruz was made a citizen solely by virtue of the generous provisions of the 1952 Immigration and Naturalization Act.

If a law has been passed before one is born and is in force when one was born, does meeting the generous provisions of that law at birth make one a natural born citizen?

Or does the original intent of the constitution in regards to what they meant by “natural-born” SUPERCEDE the law that was passed long after that?


16 posted on 01/13/2016 8:49:49 AM PST by SeekAndFind
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To: SeekAndFind
The real question is how many other times do liberals give a dog's left hind leg about what the Constitution, the founders or Blackstone thought? That alone should raise red flags you can see from Cuba and Canada. They didn't care about the first amendment, the second amendment, the commerce clause, and separation of powers to name a few. Now the set themselves up as the experts to speak from Sinai on what the founders thought; give me a break.
17 posted on 01/13/2016 9:09:47 AM PST by Idaho_Cowboy (Ride for the Brand. Joshua 24:15)
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To: DiogenesLamp

Wasn’t John McCain born in Panama? My DIL born in Italy to an American service couple is a citizen. What’s this all about except dirty politics?


18 posted on 01/13/2016 10:27:17 AM PST by R Rogers
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To: SeekAndFind

The Constitution is the supreme law of the land. No mere statute attains that rank.


19 posted on 01/13/2016 11:41:54 AM PST by EternalVigilance ('A man without force is without the essential dignity of humanity.' - Frederick Douglass)
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To: SeekAndFind

ping


20 posted on 01/13/2016 2:28:23 PM PST by John Valentine (Deep in the Heart of Texas)
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