Discussion: Law Prof: Cruz Is Not A Natural Born Citizen And Thus Can't Be President

system1 · January 12, 2016, 6:58pm

Discussion for article #244569

sniffit · January 12, 2016, 7:06pm

I can’t wait for South Park to do some parodying of Cruz and depict him the way they depict Canadians instead of how they depict Amurikkkans…

dnl · January 12, 2016, 7:06pm

livi_o · January 12, 2016, 7:07pm

McManamon argued that if one turns to the “common law” definition of “natural born citizen,” he or she will find that 18th century English jurist William Blackstone defined the term as a “born within the dominions of the crown of England”

…which Cruz was. Problem solved!

sjk · January 12, 2016, 7:08pm

Does it really matter where Cruz was hatched?

lynnthedem · January 12, 2016, 7:08pm

And suddenly, the teabagging republic party DON’T like “common law”.

The constant cherry-picking must be tiring.

lynnthedem · January 12, 2016, 7:09pm

So that would make Cruz a CANADIAN citizen. Which he was. NOT American.

Problem solved.

beattycat · January 12, 2016, 7:10pm

“Blame Canada!”

livi_o · January 12, 2016, 7:11pm

In both Canada and the U.S., there are these things we call “jokes”.

scottsa · January 12, 2016, 7:11pm

Boy, this is sure getting fun!

dnl · January 12, 2016, 7:11pm

k_in_va · January 12, 2016, 7:12pm

Well, he was undoubtedly hatched under some rock. The question is, was that rock within the boundaries of the United States? And (for the sake of his fundagelical supporters) can it be confirmed that said rock is only 6,000 or so years old?

lockheedkeynesian · January 12, 2016, 7:14pm

This could take years to sort out

glans · January 12, 2016, 7:15pm

Cruz is Cuban, because his father was born in Cuba.

johnscotus · January 12, 2016, 7:17pm

Yes, it is.

epicurus · January 12, 2016, 7:17pm

I will simply note that the Constitution uses the term “natural-born” NOT “native-born.” If Cruz proves that his mother was a U.S. citizen at the time of his birth and had lived in the U.S. for the requisite time, the argument is over. I will assume that at some point Cruz has been issued a U.S. passport and I know for a fact that he has been elected to the U.S. Senate. This argument does not hold water.

the_scarlet_pimpernel · January 12, 2016, 7:22pm

“born within the dominions of the crown of England”

So…what’s the problem? Canada is a dominion of the Crown of England.

geofu54 · January 12, 2016, 7:22pm

If he’s not a natural born citizen… and he’s not a naturalized citizen either… then what is he?

steviedee111 · January 12, 2016, 7:23pm

When this primary season gets really hot and contested Trump and Cruz will look like a replay of the last 10 minutes of “The Revenant”.

informed · January 12, 2016, 7:24pm

If, at the time of your birth, one or both of your parents was an American citizen, then you should also be an American citizen. To hold otherwise would have unintended and unfortunate consequences for American parents who are simply traveling abroad at the time of the birth. What happens to the expectant mother who travels during the 5th or 6th month of pregnancy and gives birth prematurely? What happens to the expectant mother who travels during the 3rd month of pregnancy and, perhaps for health reasons or whatever reasons, is not able to get back to the States before the birth of her child? People should think more carefully before jumping at the opportunity to interpret the Constitution for the purpose of achieving a political goal. There’s a plethora of reasons why Cruz should never be President, but this is not one of them.