LF: Fox News: Senator Ted Cruz Declares Himself A "Natural Born Citizen" And Eligible To Be President

Title: Fox News: Senator Ted Cruz Declares Himself A "Natural Born Citizen" And Eligible To Be President
Source: Birther Report
URL Source: http://www.birtherreport.com/2015/0 ... senator-ted-cruz-declares.html
Published: Mar 23, 2015
Author: Article II News
Post Date: 2015-06-18 10:49:44 by Hondo68
Keywords: None
Views: 13155
Comments: 34

No matter what one thinks of his politics, Ted Cruz is NOT constitutionally eligible. And the two major political party lawyers Katyal and Clement can spin and put out disinformation to lend support to constitutionally ineligible people in both major parties, but they cannot change the original intent, meaning, and understanding of who is a "natural born Citizen" which comes from Natural Law and not man-made laws or acts of Congress. Both major political parties are out to dilute and abrogate the original intent, meaning, and understanding of the term “natural born Citizen” in Article II of our Constitution and why it was put there. Being simply ‘born a Citizen’ was proposed and not accepted. The founders and framers added the adjective “natural”. And that adjective comes from Natural Law. Adjectives mean something. Look up the meaning of the adjective "natural" when it comes to legal meaning in front of a noun.

See section 212 of this legal treatise on the Principles of Natural Law which was written in 1758 Vattel, the 1775 edition which was edited and published by Dumas and was much used by the founders and framers: http://lonang.com/library/reference/vattel-law-of-nations/vatt-119/

Read: http://www.art2superpac.com/issues.html

and http://jimsjustsayin.blogspot.com/2015/03/ina-post-on-harvard-law-review-forum.html

and http://puzo1.blogspot.com/2015/03/a-response-to-neil-katyal-and-paul.html

CDR Kerchner (Ret)
http://www.ProtectOurLiberty.org

Title 8 of the U.S. code, section 1401 (section g ) says he is natural born. https://www.law.cornell.edu/uscode/text/8/1401

(b)a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c)a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(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;

(e)a person born in an outlying possession of the United States 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 at any time prior to the birth of such person;

(f)a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g)a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or

(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h)a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

Care must be taken to ensure the law cited was applicable at the date of birth. In 1970 the provision underlined cited "ten years, at least five" and was amended in 1986 to "five years, at least two."

In the case of Ted Cruz, this imprecision makes no difference as he still met the 1970 requirement and qualifies as a natural born citizen. The birth citizenship of John McCain is a fascinating conundrum.

The US Navy posted his father in the Panama Canal Zone;a sovereign U.S. territory at the time of McCain's birth. If John McCain was disqualified on a technicality like that ....

Now if we want to use original intent arguments then the 1st Congress made it clear . The 'Naturalization Act of 1790' (Sec3) states that if both parents are American ,anyone "born beyond the sea or out of the limits of the United States, shall be considered as natural born citizens" http://www.indiana.edu/~kdhist/H105-documents-web/week08/naturalization1790.html

I dislike this whole birther issue . I did not like it when the attacks were on the emperor and I certainly don't like them being used as cheap shots at Cruz ;and an American hero like John McCain (I don't care what people think about his politics ...he's earned the title 'American hero'. )Are we going to do the same Kabuki dance for Marco Rubio, Nikki Haley, and Bobby Jindal ?

No, it was indisputedly a sovereign territory of Panama. Being born on a U.S. Base overseas is irrelevant to the U.S. law on citizenship, then or now.

The problem was that the effective law at the time granted citizenship of a U.S. citizen parent (McCain had two) when the child was born outside the territory and jurisdiction of the U.S., with Congress screwing up how to extend the coverage to everyone not covered by the 14th Amdt, i.e., within the territory and jurisdiction.

In the CZ, by treaty, the U.S. excercised jurisdiction as if it were the sovereign. Panama was the sovereign. The U.S. excersized jurisdiction. That left children born in the CZ in no man's land for a few years until the snafu was caught and corrected. If born in the CZ, McCain was born within the jurisdiction of the U.S. and outside the territory, falling under neither the 14th Amdt nor the statute.

His autobiograhy asserted birth in the hospital on the Naval Air Station. That hospital did not exist when McCain was born. If he was born in the hospital less than 100 yards outside the base, then he would have fallen under the statute.

The correcting law was made retroactive. There is no doubt about McCain's citizenship but can a law retroactively make one natural born at the time of birth?

Had he been disqualified on a technicality like a congressional screwup, that would be unjust.