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CATO Institute: Yes, Ted Cruz Can be President
CATO Institute ^ | Aug 26, 2013 | By Ilya Shapiro, Senior Fellow In Constitutional Studies, Cato

Posted on 08/30/2013 12:02:15 PM PDT by Jim Robinson

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To: onyx

Did they meet the residency requirement set by congress for naturalized citizens?

If they are still citizens of the US they must have.

nbCs do not have such a requirement.


61 posted on 08/30/2013 1:31:48 PM PDT by bluecat6
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To: Jim Robinson
I have my Juris Doctor degree and had 25 years of experience as a trial lawyer. You are right in saying that Ted Cruz is a NBC by virtue of being born to a mother who was a NBC and never repudiated her citizenship. Don't let anyone back you down (I know you won't) by making obscurantist claims based on 18th century French philosophers, or channeling what they prefer the Founding Fathers MIGHT have meant or just being stubborn in advancing unsupported fantasies as to the meaning of NBC.

All that having been said, is it possible for FR to meaningfully participate by organizing for Ted Cruz? There are other candidates (always) who I could support but I would just as soon get the primary contest over as soon as possible to avoid the 2012 disaster of having all too many good candidates to dilute the vote and allow Mittler to be nominated.

This time, Job #1 is destroying the GOP-E $$$ stranglehold on nominations. Let's send them and their well-funded lies packing. Let us encourage militant conservative populism as our standard for 2016. For POTUS. For Senate. For Congress. For governorships. For state legislators.

God bless you and FR. Thanks for being you.

62 posted on 08/30/2013 1:31:52 PM PDT by BlackElk (Dean of Discipline, Tomas de Torquemada Gentlemen's Society: Rack 'em, Danno)
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To: CodeToad

Since you cited a Congressional law this is easy - not a natural citizen.

They depend on positive (vs. natural) law for citizenship.

Does everyone just want to strike the word natural from Article II, Section 1?

1401 describe a ‘born citizen’. That is only half the equation.


63 posted on 08/30/2013 1:34:51 PM PDT by bluecat6
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To: Jim Robinson

Ditto. Cruz’s mom was/is an American that makes him a citizen wherever he was born and qualifyied for the presidency.

I’m glad Levin didn’t jump on the NB bandwagon since it was liberals who started this as a distraction.


64 posted on 08/30/2013 1:37:47 PM PDT by RginTN
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To: Jim Robinson; SoConPubbie
"That single-parent requirement has been amended several times, but under the law in effect between 1952 and 1986 — Cruz was born in 1970 — someone must have a citizen parent who resided in the United States for at least 10 years, including five after the age of 14, in order to be considered a natural-born citizen. Cruz’s mother, Eleanor Darragh, was born in Delaware, lived most of her life in the United States, and gave birth to little Rafael Edward Cruz in her 30s. Q.E.D. "

There it is. It's not complicated at all. Yet I'm beginning to think folks would still argue Ted's status if an angel came down from heaven affirming his eligibility.

(Thanks for the ping, SoConPubbie)

65 posted on 08/30/2013 1:38:13 PM PDT by CatherineofAragon (Support Christian white males----the architects of the jewel known as Western Civilization.)
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To: bluecat6; Jim Robinson
Someone who knows the inside said he has a problem - He can not win. And the goal is to win.

Maybe R’s have quit trying to win.


Is that you Karl Rove?

The goal is for a CONSERVATIVE to win, not just a Republican.
66 posted on 08/30/2013 1:38:21 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: bluecat6

What on earth are you talking about?

They are natural born US citizens.

Period.


67 posted on 08/30/2013 1:44:25 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: xzins
Any wording by the framers using man, or both parents is possibly based on the old Common Law principle of coverture which has since been abandoned by most civilized societies.
68 posted on 08/30/2013 1:44:53 PM PDT by gov_bean_ counter (Romans 1:22 Professing themselves to be wise, they became fools)
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To: FReepers; Patriots




FReepathon Day 61 ... PLEASE Make Your Donation Today!

NOW Less than $2.6to GO!!!

$25 Keeps FR ALIVE

God bless and keep you all.

69 posted on 08/30/2013 1:45:27 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: BlackElk

I’ll not discount your conclusion but...

Are conservatives willing to suffer the “whipping post” when the communistas make their cry “not eligible, not eleigible”?

To the commies, Obamugabe will be past history and the “fault” of conservatives for not being more aggressive in determining his eligibility. In the words of Rachel Jeantel, “That be old school!”

We keep holding out our pecker for the communistas to take a whack at.


70 posted on 08/30/2013 1:45:44 PM PDT by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations - The acronym explains the science.)
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To: Cletus.D.Yokel; BlackElk
Are conservatives willing to suffer the “whipping post” when the communistas make their cry “not eligible, not eleigible”?

When do we, as conservatives, quit backing away from a fight?

When do we as conservatives start standing on principles alone and FIGHT BACK?

When do we as conservatives quit looking for a candidate that has nothing the left will go after?

I've got news for you; first of all, that candidate does not exist, secondly, the left, the Democrats are evil, they will go after the conservative candidate over something, over anything. They'll make something up.

They don't believe in God.

They don't believe in Morality.

They don't believe in the rules.

Quit backing up and fight!
71 posted on 08/30/2013 1:51:16 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: omniscient
I say BS! There is no way the original intent was to let partial foreigners be eligible. Common sense would indicate that NBC means born in the native country to citizens (plural) of that country.

You are correct because of the simple "grandfathered" sentence that appears in [Article II; Section I]:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Thus....according to the framers...... there indeed was a difference between NBC and a "plain" ole' citizen....otherwise they would not have differentiated the two.

Natural born = two citizen parents.... born where ever; Native born = born within the territorial limits of the country to non-citizen parents or born abroad to one citizen parent; Naturalized = Citizenship by statute. Three types.....always has been!

FWIW..............I think Ted Cruz would be a magnificent President. He's a magnificent Senator....already! But.....he is not a Natural Born Citizen. So what? Neither is the clown who sits there now!

I believe a precedent has been set.

72 posted on 08/30/2013 1:54:12 PM PDT by Diego1618 (Put "Ron" on the Rock!)
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To: bluecat6

“They depend on positive (vs. natural) law for citizenship.”

So such thing as “positive law”. See my previous post about the needed use of “natural” in the Constitution.

“1401 describe a ‘born citizen’. That is only half the equation.”

Nope. “natural born citizen” = “citizen at birth”.


73 posted on 08/30/2013 1:55:57 PM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: BlackElk

Thank you very much. I’m hoping Cruz decides to run. Also like you, I’m hoping that the FReepers and the tea party and all grassroots conservatives can settle quickly on the strongest conservative running so we don’t split our vote six ways to Sunday.

God bless.


74 posted on 08/30/2013 2:01:52 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: BlackElk

Emmerich de Vattel, author of the Law of Nations was Swiss, not French. You know, like Michele Bachman! :-)


75 posted on 08/30/2013 2:03:35 PM PDT by Nero Germanicus
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To: Jim Robinson

“As I’ve stated elsewhere on this forum many times, I have infinitely more confidence in Mark Levin and the CATO Institute than I do in legions of internet sea lawyers and bloggers.”


76 posted on 08/30/2013 2:03:42 PM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: CodeToad
Got a legal citation for that? I do, and it says he is a natural born citizen:

8 USC § 1401 - Nationals and citizens of United States at birth:

The following shall be nationals and citizens of the United States at birth:

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States.

"In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes."
http://www.state.gov/documents/organization/86757.pdf

Statutory citizenship does not automatically render one Constitutionally eligible for president.

77 posted on 08/30/2013 2:13:58 PM PDT by Rides3
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To: txrangerette
I agree.
Cruz ain't nobody to try to out talk.

(I was sworn in as an honorary Texan by Hayden Fry.)

78 posted on 08/30/2013 2:15:43 PM PDT by Eric in the Ozarks ("Say Not the Struggle Naught Availeth.")
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To: Jim Robinson

Bump that again.


79 posted on 08/30/2013 2:17:37 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Rides3

“does not necessarily imply “

Meaning that it also does not imply the converse, either, that a statute does not guarantee citizenship for constitutional purposes, either. This is a State Department document, not one of controlling legal authority. It was written by a State Department employee. That was a lawyer statement claiming that other controlling legal authorities settle the matter and not that document.


80 posted on 08/30/2013 2:23:57 PM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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