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

Strict interpretation would point to the fact that no one delivered by c-section would qualify —

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Of course, life begins at conception, so by that standard you may be Argentine. Unless you are an anchor baby.

This is like a new type of party game!

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There is no such thing as “a citizen naturalized at birth” in the eyes of US law or jurisprudence. There is citizenship acquired via the circumstances of one’s birth, which makes one a “natural-born” citizen, and citizenship via naturalization.

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The Constitution refers to the “united states” as the states which ratify the constitution, not land that is claimed as part of the United States. McCain was not born in the United States or the united states, so, by the Constitution, which is all that counts, McCain also was not qualified to be President. If we don’t like that we need to amend the Constitution.

Below I have pasted the portion of the Post article verbatim:
“Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator’s parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.”

OT, but…

if a military base is US territory, why is it again that Gitmo detainees arent afforded rights as if on US soil?

McCain was eligible by virtue of US citizen parents, not birtplace.

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His mother wasn’t just travelling. She and her husband had emigrated to Canada, where at least his father received Canadian citizenship. There is a question as to whether his mother did too (at least she was on a people eligible to vote a couple of years after his birth). Here is the question that I keep yammering on that no one has answered: Ted automatically became a Canadian citizen merely by virtue of his birth place; if his mother intended to convey to him her American citizenship (which she could only do if she had not received Canadian citizenship), it was incumbent on her to file a Consular Report of Birth Abroad. Where is the paperwork?

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One. Two. F*ck you.

Two things: One, I didn’t mean to talk specifically about Cruz; I was just looking at how the professor was defining “natural born”. Two (hey I counted that high again!) note that Blackstone goes on to say that as a result of additional statutes, only the father needed to be natural born. Presumably today’s courts would agree this would apply to father or mother.

It’s not really a relevant question to ask whether Cruz is a natural-born American citizen. The question to ask is whether Cruz is a natural-born human being. He is so brutal, so vicious, so extreme, so scary, that he is most certainly is from another planet, a place where his wickedness is the norm.

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You are quoting an article from a newspaper. It is not US law and it does not count as jurisprudence.

A much more rigorous treatment of the subject may be found at the Harvard Law Review: On the Meaning of “Natural Born Citizen”

bingo

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Which is doubly ironic since Cruz and his wingnut father are Dominionists.

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…have interpreted “natural born citizen” to mean anyone who was a U.S. citizen at birth…

Oh, for fuck’s sake. That is the most vapid, circular statement I’ve ever heard from a lawyer. A tautology is not helpful here.

This is so silly. Clearly, Cruz has been treated as a citizen from birth. He never went through any naturalization process, and until now, no one has challenged his citizenship. Any challenge at this point is purely a political ploy and doesn’t represent how we’ve operated and operate now as a nation. It’s not like he sneaked into the country and hid his past as he voted and ran for office. To deny to him, or any of the thousands like him, citizenship at this point is a grave injustice.

He is unqualified to be President, all right, but only because of his noxious ideas.

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He is demon spawn, hatched in the fires of Hell.

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Wrong. It’s a . . . oh, never mind.

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Thank you.

Pictures will help.Does Cruz look “natural born” to you?

http://www.thehorrordome.com/images/products/detail/ItsAliveLG.gif

Based on an opinion I heard expressed on the “Lawrence O’Donnell” show from a legal expert who co-wrote a paper on the subject, “natural born citizen” is something that could potentially affect millions of people.

No one is saying Cruz isn’t a citizen—he is, by virtue of having a parent who is a citizen.

What is under discussion is the meaning of “natural born citizen,” which may not be the same.

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No, a way can be found to blame Obama for the questions about Cruz’s eligibility. If the president had not been born in Hawaii, which was a state at the time of his birth, but must have had questionable record keeping, and many in the US are not aware that Hawaii was a state at the time, the questions about the validity of his birth certificate would never have come up, and Ted Cruz would have been left alone. See? Easy peasy. Blame Obama.

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