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: 5720
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.”
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
Begin Trace Mode for Comment # 34.
#1. To: cranky (#0)
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?
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.
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?
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.
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".
That's weird. 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.)
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] 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.
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.
Mitt Romney is a natural-born United States citizen, as are Barack Obama, Ted Cruz, Marco Rubio, Bobby Jindal and everyone else born in the U.S. and subject to its jurisdiction.
#36. To: nolu chan, natural born commie, British subject (#34)
Cruz was born in Canada. He's subject to Fidel Castro and the Kanucks. Literally, he's a British subject, with communist roots. Ted’s father and mother were not foreign diplomats living in Canada. Ted was therefore, a Native Born citizen of Canada at birth. On this basis alone, he could not possibly be a Natural Born Citizen of the United States as a simple matter of legal fact. To be honest, this was a question I had not even considered until now. Like most Americans, I had “assumed” that Ted Cruz was naturalized under U.S. Immigration laws at the time his parents left Canada and became naturalized citizens of the United States living in Texas. Under U.S. law, it is not possible for any individual to be both “Natural Born Citizen” and “Naturalized citizen.” Ted is one or the other, not both… and the same is true for every individual. I will no longer make that assumption, but will instead, look at the facts. Is Ted even eligible for the U.S. Senate? Under Article I of the U.S. Constitution, to hold a seat in the U.S. Senate, one must meet the following conditions – “No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.” So, the issue is not whether or not Ted Cruz has ever denounced his Canadian citizenship, as it pertains to holding a Senate seat, but rather whether or not, and when, Ted became a Naturalized citizen of the United States? As a Native citizen of Canada, Ted would have had to naturalize to the United States at some point, at least nine years prior to seeking office in the U.S. Senate. As the son of a U.S. citizen mother, the process of naturalization for Ted would have been very simple, but it would have still required a naturalization process since he was not born in the United States, nor did his parents register him as a U.S. citizen at the time of his birth in Canada. However, as of this writing, I have been unable to find any records of Ted or his father naturalizing to the United States from Canada. (If anyone has proof of U.S. naturalization for Rafael Edward Cruz, please send it to my email.) This means that the question of Ted’s eligibility for the U.S. Senate is not yet answered. However, the question of whether or not Ted Cruz is a Natural Born Citizen of the United States, eligible for the Oval Office, is indeed answered. As Natural Born is a status passed from Father to son at birth, Ted could only be a Natural Born Citizen of Cuba, as that is the citizenship held by his natural birth father at the time Ted was born in Canada. Because his mother Eleanor held citizenship in the U.S. at the time of Ted’s birth, she could have registered Ted as a dual citizen at birth, Canada by Native birth right and citizen of the U.S. through his mother’s citizenship in the U.S. She did not register Ted as a dual citizen at birth, but rather as a Native Born Citizen of Canada alone. Because his parents immigrated from Canada to the U.S. in 1974, they could have naturalized both Ted and his father Rafael in 1974, or sometime thereafter, making Ted a naturalized citizen, not a Natural Born Citizen. However, we have so far been unable to confirm that any such naturalization process ever happened. Is Ted a Native Born Citizen of the United States? No… because he was born a Native Born citizen of Canada alone. Is Ted a Natural Born Citizen of the United States? No… because his father was only a legal citizen of Cuba at the time of Ted’s birth in Canada. Is Ted a Naturalized citizen of the United States, eligible to hold a seat in the U.S. Senate, but not eligible to hold the Oval Office? We simply do not have adequate documentation to either confirm or deny Ted’s naturalized U.S. citizenship status. But if we are able to confirm that Ted is indeed a naturalized citizen of the United States, we will have also confirmed that it is not possible for him to also be a Natural Born Citizen of the United States. The issue of whether or not Ted Cruz is eligible for the Oval Office has been completely answered and the answer is no… But the issue of Ted’s eligibility for the U.S. Senate remains open to further investigation. An update on this matter will be issued once adequate documentation can be found and confirmed. What about Obama? Applying the same sound legal standards to Obama just applied to Cruz, the answer is again a resounding no… Barack Hussein Obama was born the son of a Kenyan Father who held at no time in his life, U.S. citizenship. Obama’s birthplace is still in question, as is his mother’s identity and legal status at the time of Obama’s birth. Like Cruz, Obama may or may not be a legal “citizen” of the United States. But like Cruz, he is absolutely not a Natural Born Citizen of the United States. [......]
Top • Page Up • Full Thread • Page Down • Bottom/Latest"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”
#2. To: misterwhite (#1)
So even if Obama was born in Kenya he meets the requirement. How about that?
#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.
#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.
#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?"
#13. To: misterwhite (#5)
According to the 14th amendment, a child born on U.S. soil is a natural born citizen
#16. To: cranky (#13)
"My copy of the US Constitution doesn't have the phrase 'natural born' in the Fourteenth Amendment.'
#26. To: misterwhite (#16)
And being born on U.S. soil makes the child natural born.
#29. To: cranky, misterwite (#26)
[misterwhite] And being born on U.S. soil makes the child natural born.
#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
#34. To: hondo68 (#32)
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.
Replies to Comment # 34. as are Barack Obama, Ted Cruz, Marco Rubio, Bobby Jindal and everyone else born in the U.S. and subject to its jurisdiction.
TED CRUZ – A CASE STUDY ON NATURAL BORN
[......]
End Trace Mode for Comment # 34.
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]