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Rubio lawyers swat down 'birther' challenge
The Hill ^ | 01/14/2016 | Ben Kamisar

Posted on 01/14/2016 11:29:42 AM PST by GIdget2004

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To: bushpilot2

Rafael Cruz...said he received a Green Card...I suppose that made him a resident.


81 posted on 01/14/2016 2:59:56 PM PST by bushpilot2
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To: Cboldt

Barack Obama Sr., wasn’t a permanent resident, it’s on his immigration record.


82 posted on 01/14/2016 3:01:50 PM PST by bushpilot2
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To: Mariner
"No court has ruled, ever, on the eligibility of any POTUS or Candidate.

If true, and I believe it's likely, then Rubio's lawyers argument that 6 prior presidents weren't eligible is frivolous.

83 posted on 01/14/2016 3:03:53 PM PST by DannyTN
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To: bushpilot2

VISA records not immigration. He wasn’t an immigrant.


84 posted on 01/14/2016 3:04:45 PM PST by bushpilot2
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To: Cboldt
You analysis is correct, but slightly incomplete, with the incomplete part being "subject to the jurisdiction." That's where the anchor baby argument dwells.

"Subject to the jurisdiction thereof" excludes only the common law exceptions of children born to foreign diplomats, children born during hostile occupation and (the now irrelevant) children born to sovereign indigenous tribes. "Anchor babies" are still subject to U.S. laws and can be prosecuted and incarcerated for such. Unlike with "diplomatic immunity" (diplomats and their children truly are considered outside U.S. jurisdiction) the sanction is not limited simply to deportation.

Within the judiciary, that "anchor babies" are NBC isn't even really debated at this point. Consider:

Petitioner, Sebastian Diaz-Salazar, entered the United States illegally in 1974 and has been living and working in Chicago since that time. . . . .

* * * The petitioner has a wife and two children under the age of three in Chicago; the children are natural-born citizens of the United States. He also has relatives in Mexico." Diaz-Salazar v. INS, 700 F.2d 1156 (7th Cir. 1983).

IOW, the 14th amendment says more than "All persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside."

It does. But for purposes of my reply to the other poster simply demonstrating that "native born citizen" equals "natural born citizen," I didn't need to bother with the noted exceptions since such children are considered neither "native born citizens" nor "natural born citizens."

85 posted on 01/14/2016 3:08:28 PM PST by CpnHook
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To: bushpilot2
1795 photo image_zpswidnwt0i.jpeg "how children may obtain citizenship through their parents"
86 posted on 01/14/2016 3:12:41 PM PST by bushpilot2
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To: GIdget2004

Forget natural born, he isn’t even a citizen.


87 posted on 01/14/2016 3:21:16 PM PST by freedomjusticeruleoflaw (Western Civilization- whisper the words, and it will disappear. So let us talk now about rebirth.)
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To: bushpilot2

Chester Arthur was elected Vice President in 1880 and became Vice President and President in 1881. Wong Kim Ark and its decision occurred later on March 28, 1898, so it could not have made Chester Arthur a U.S. citizen when he was born of when he was inaugurated as President.


88 posted on 01/14/2016 3:24:25 PM PST by WhiskeyX
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To: Cboldt
Was Rafael Cruz SR., "whose fathers have never been a resident"?  photo image_zpscr8qnmyp.jpeg
89 posted on 01/14/2016 3:39:29 PM PST by bushpilot2
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To: freedomjusticeruleoflaw

“Forget natural born, he isn’t even a citizen.”

Exactly. Deport his arse!


90 posted on 01/14/2016 3:50:56 PM PST by Electric Graffiti (DEPORT OBOLA VOTERS)
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To: bushpilot2
-- Was Rafael Cruz SR., "whose fathers have never been a resident"? --

I don't think so, but so what? It doesn't affect the nature of the grant, and either way, the convoluted and wide-ranging operation of the grant is contrary to any sort of durable/immutable "naturalness."

91 posted on 01/14/2016 3:56:00 PM PST by Cboldt
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To: Cboldt
"How an alien may become a citizen" "and not otherwise" Not otherwise tosses 1790 NBC.  photo image_zpsliej7jip.jpeg
92 posted on 01/14/2016 4:02:37 PM PST by bushpilot2
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To: NTHockey

Ahh...you are catching on, there is no “unless” involved.

Broadly speaking, there are two main ethoi that infuse American political and social efforts today. The first, is either de jure or de facto to provide American citizenship benefits to the inhabitants of the globe. Redistributing American wealth to the rest of the world is the goal of our politicians, oligarchs, elites and recent immigrants and many other citizens.

The second effort is to ensure the dominance of Islam as the controlling religious and political power.

Almost every action or explanation in public discourse can be tied to one of these two overarching, all encompassing activities.

This will continue, led by all parties. In your lifetime (or your children’s) you will see America bled dry and Islam victorious. Simply chart the velocity of change in all maters politic and social during the last few years and project it. The demographics are against us, the will to oppose is to weak and held by too few.

While D. Trump is the only elite that will speak to this, even if temporarily victorious, a pendulum once swung to the right will pass back through the center to the far left.

Respectfully, . . .


93 posted on 01/14/2016 4:24:50 PM PST by Badboo (Why it is important)
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To: Electric Graffiti

Even Levin now acknowledges birthright citizenship is a hoax.


94 posted on 01/14/2016 4:34:19 PM PST by freedomjusticeruleoflaw (Western Civilization- whisper the words, and it will disappear. So let us talk now about rebirth.)
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To: bushpilot2

“Was Rafael Cruz SR., “whose fathers have never been a resident”? “

Rafael Cruz was a U.S. Permanent Resident before he went to Canada. His subsequent acquisition of Canadian Permanent Resident status was supposed to cause the loss of his U.S. Permanent Resident status, but we have no information regarding whether or not Rafael Cruz or someone else notified U.S. immigration and naturalization authorities and any action was taken to revoke his U.S. Permanent Resident Green Card. Rafael Cruz also completed his required period as a Canadian Permanent Resident and acquired Canadian citizenship by naturalization.

A unique question arises in the event Eleanor Cruz went through the same steps at the same etime as her husband and also acquired Canadian citizenship at the same time. Many people keep their U.S. Passport and Canadian Passport without notifying the U.S. Government of their acquisition of dual citizenship claims. Although it is unlikely Eleanor would have acquired Canadian citizenship by the time of the birth of Tedd Cruz, if it did happen, it would present some novel problems with determining whether or not Ted Cruz should have been qualified to acquire U.S. citizenship with a mother who had acquired foreign citizenship in addition to U.S. citizenship.


95 posted on 01/14/2016 5:25:49 PM PST by WhiskeyX
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To: bushpilot2
"how children may obtain citizenship through their parents"

Through a positive law passed by Congress?
Congress can only make naturalization laws.

Anyone relying on a law passed by Congress to establish their citizenship is screaming in your face they're a naturalized citizen.

96 posted on 01/14/2016 5:33:18 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: bushpilot2

“Rafael Cruz...said he received a Green Card...I suppose that made him a resident.”

Under U.S. law Rafael Cruz forfeited his status as a U.S. Permanent Resident when he became a Canadian Permanent Resident, and then again when he naturalized as a Canadian citizen. When and if the U.S. Government noted the change in his status and revoked his U.S. Permanent Resident status is not known. So far as we know Rafael Cruz simply may have not notified the U.S. Government about his Canadian Permanent Resident status and Canadian citizenship before using his original U.S. Permanent Resident status to apply for and acquire U.S. citizenship by naturalization in 2005.


97 posted on 01/14/2016 5:36:36 PM PST by WhiskeyX
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To: jch10

Agreed, you are correct...I mixed up the names.


98 posted on 01/14/2016 5:38:38 PM PST by HoosierWordsmith
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To: grania

Your claim that ‘they can be combined’.

It does not work that way.


99 posted on 01/14/2016 6:02:41 PM PST by Pikachu_Dad ("the media are selling you a line of soap")
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To: WhiskeyX

Was Ted Cruz father never a US resident prior to his birth in Canada? Is that the condition?

The father must have US residency since birth to pass citizenship to his
child born abroad. Is that what Madison meant?


100 posted on 01/14/2016 6:07:52 PM PST by bushpilot2
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