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U.S. Constitution
See other U.S. Constitution Articles

Title: Lawyers say Canadian-born Cruz eligible to run for president
Source: FoxNews
URL Source: http://www.foxnews.com/politics/201 ... eligible-to-run-for-president/
Published: Mar 14, 2015
Author: Dan Gallo
Post Date: 2015-03-14 09:30:11 by cranky
Keywords: None
Views: 5687
Comments: 38

Sen. Ted Cruz, R-Texas, speaks at the International Association of Firefighters (IAFF) Legislative Conference and Presidential Forum in Washington.

While questions about Canadian-born Sen. Ted Cruz’s eligibility to be president haven’t drawn much attention, two former Justice Department lawyers have weighed in with a bipartisan verdict: Cruz, they say, is eligible to run for the White House.

Neal Katyal, acting solicitor general in the Obama administration, and Paul Clemente, solicitor general in President George W. Bush’s administration, got out in front of the issue in a Harvard Law Review article.

“There is no question that Senator Cruz has been a citizen from birth and is thus a ‘natural born Citizen’ within the meaning of the Constitution,” they wrote.   

Anti-Cruz “birthers” had questioned the Texas Republican senator’s eligibility to be president, challenging his citizenship status because he was born in Canada.  Two years ago, Cruz released his birth certificate showing his mother was a U.S. citizen born in Delaware, presumably satisfying the requirements for presidential eligibility as a “natural born citizen.”

The law review article, “On the Meaning of ‘Natural Born Citizen”, asserts that the interpretation of the term was settled in Cruz’s favor as early as the 1700’s. The lawyers wrote that the Supreme Court has long used British common law and enactments of the First Congress for guidance on defining a “natural born citizen.”
  
“Both confirm that the original meaning of the phrase ‘natural born Citizen’ includes persons born abroad who are citizens from birth based on the citizenship of a parent,” they wrote. They concluded someone like Cruz had “no need to go through naturalization proceedings,” making him eligible. Cruz is still weighing a presidential run.

Last month, Cruz addressed the citizenship issue during a question-and-answer session with moderator Sean Hannity, of Fox News, at the Conservative Political Action Conference.  “I was born in Calgary. My mother was an American citizen by birth,” Cruz said.  “Under federal law, that made me an American citizen by birth. The Constitution requires that you be a natural-born citizen.” (1 image)

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Begin Trace Mode for Comment # 29.

#1. To: cranky (#0)

"Both confirm that the original meaning of the phrase ‘natural born Citizen’ includes persons born abroad who are citizens from birth based on the citizenship of a parent”

So even if Obama was born in Kenya he meets the requirement. How about that?

Boy, how opinion changes when it's "our" guy, huh?

misterwhite  posted on  2015-03-14   11:33:28 ET  Reply   Untrace   Trace   Private Reply  


#2. To: misterwhite (#1)

So even if Obama was born in Kenya he meets the requirement. How about that?

Boy, how opinion changes when it's "our" guy, huh?

There is a difference.

Cruz's father had legal status to be in the U.S.

Obama's father did not.

A K A Stone  posted on  2015-03-14   11:36:03 ET  Reply   Untrace   Trace   Private Reply  


#3. To: A K A Stone (#2)

There is a difference.
Cruz's father had legal status to be in the U.S.Obama's father did not.

Legal status? WTF does that have to do with U.S. citizenship? When Ted Cruz was born in Canada, his father had Canadian citizenship.

Seems to me that Canada could just as easily say that since Ted Cruz was born on Canadian soil to a Canadian father, he's a natural born Canadian citizen.

No?

misterwhite  posted on  2015-03-14   11:53:31 ET  Reply   Untrace   Trace   Private Reply  


#4. To: misterwhite (#3)

Legal status? WTF does that have to do with U.S. citizenship? When Ted Cruz was born in Canada, his father had Canadian citizenship.

Seems to me that Canada could just as easily say that since Ted Cruz was born on Canadian soil to a Canadian father, he's a natural born Canadian citizen.

No?

Do you think that wet wetbacks are more of a citizen then a U.S soldier who would happen to have his child born in say Germany?

Here is what it has to do with. I read an article a few years ago that made that point better then I did.

Cruz 2016 if you want your country back.

A K A Stone  posted on  2015-03-14   11:58:24 ET  Reply   Untrace   Trace   Private Reply  


#5. To: A K A Stone (#4)

"Do you think that wet wetbacks are more of a citizen then a U.S soldier who would happen to have his child born in say Germany?"

You're confusing "citizen" with "natural born citizen".

According to the 14th amendment, a child born on U.S. soil is a natural born citizen, regardless of the citizenship of their parents. In my opinion, it's time to modify that amendment by adding the phrase "... born to a least one citizen parent".

misterwhite  posted on  2015-03-14   12:08:25 ET  Reply   Untrace   Trace   Private Reply  


#13. To: misterwhite (#5)

According to the 14th amendment, a child born on U.S. soil is a natural born citizen

That's weird.

My copy of the US Constitution doesn't have the phrase 'natural born' in the Fourteenth Amendment.

cranky  posted on  2015-03-14   15:00:13 ET  Reply   Untrace   Trace   Private Reply  


#16. To: cranky (#13)

"My copy of the US Constitution doesn't have the phrase 'natural born' in the Fourteenth Amendment.'

I'm betting your copy of the U.S. Constitution doesn't have a lot of things in it that the U.S. Constitution nevertheless addresses.

The 14th amendment does say a child born on U.S. soil is a citizen, correct? And being born on U.S. soil makes the child natural born.

Put 'em together and they spell "Mother".

Certainly if you have another defition of natural born, I'd like to know where you got it from. ("Out of your ass" does not count.)

misterwhite  posted on  2015-03-14   15:11:48 ET  Reply   Untrace   Trace   Private Reply  


#26. To: misterwhite (#16)

And being born on U.S. soil makes the child natural born.

No, it doesn't. And the Fourteenth Amendment doesn't say it does.

If it did, the Snyder Act would not have been necessary.

cranky  posted on  2015-03-14   17:05:09 ET  Reply   Untrace   Trace   Private Reply  


#29. To: cranky, misterwite (#26)

[misterwhite] And being born on U.S. soil makes the child natural born.

[cranky] No, it doesn't. And the Fourteenth Amendment doesn't say it does.

misterwhite is correct with the sole exception of those few who enjoy diplomatic immunity and therefore are not subject to the jurisdiction of the United States. The children born of diplomats who have immunity are born with immunity. For some time, Indian tribes on reservations were not considered within the territory and jurisdiction of the U.S.

The child born of an illegal alien at a detention center awaiting deportation is a natural born U.S. citizen. The child is born within the territory and jurisdiction of the United States.

nolu chan  posted on  2015-03-14   17:31:58 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 29.

#32. To: nolu chan, 14th amendment citizen, natural anchor baby (#29) (Edited)

The child born of an illegal alien at a detention center awaiting deportation is a natural born U.S. citizen

Wrong. That's an anchor baby, 14th amendment citizen. Not a natural born US citizen.

Willard M. Romney is not a total anchor baby, since his illegal alien father (Michigan governor George Romney) married a Gringa, and he was born in the US. No way is he a "natural born US citizen", either.

Mitt's loyalties clearly lie with Chihuahua, not Massachusetts.

Hondo68  posted on  2015-03-14 19:19:01 ET  (2 images) Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 29.

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