Tag Archives: Many experts coming forward

Ted Cruz Harvard law professor Cruz not eligible, Born in Canada, Not natural born citizen, Laurence H. Tribe also Obama professor, I cannot support Ted Cruz and disregard for US Constitution, Many experts coming forward

Ted Cruz Harvard law professor Cruz not eligible, Born in Canada, Not natural born citizen, Laurence H. Tribe also Obama professor, I cannot support Ted Cruz and disregard for US Constitution, Many experts coming forward

“Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.”…constitutional law professor Mary Brigid McManamon

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

I have liked Ted Cruz’s positions on many matters for years.

It does not matter to me how conservative he is, how popular he is and how much he protests that he is eligible.

I cannot support Ted Cruz and his untested arrogant position on his natural born citizen status.

I am certain that others agree with me.

He only makes Donald Trump look better.

And that is Trump, who questioned Obama’s eligibility.

Ted Cruz’s own Harvard Law Professor,  Laurence H. Tribe, is questioning his eligibility.

From the Boston Globe January 11, 2016.

By Laurence H. Tribe

“There’s more than meets the eye in the ongoing dustup over whether Ted Cruz is eligible to serve as president, which under the Constitution comes down to whether he’s a “natural born citizen” despite his 1970 Canadian birth. Senator Cruz contends his eligibility is “settled” by naturalization laws Congress enacted long ago. But those laws didn’t address, much less resolve, the matter of presidential eligibility, and no Supreme Court decision in the past two centuries has ever done so. In truth, the constitutional definition of a “natural born citizen” is completely unsettled, as the most careful scholarship on the question has concluded. Needless to say, Cruz would never take Donald Trump’s advice to ask a court whether the Cruz definition is correct, because that would in effect confess doubt where Cruz claims there is certainty.

People are entitled to their own opinions about what the definition ought to be. But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an “originalist,” one who claims to be bound by the narrowly historical meaning of the Constitution’s terms at the time of their adoption. To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”

Read more:

https://www.bostonglobe.com/opinion/2016/01/11/through-ted-cruz-constitutional-looking-glass/zvKE6qpF31q2RsvPO9nGoK/story.html

From Mary Brigid McManamon, constitutional law professor, January 12, 2016.

“Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.

The Constitution provides that “No person except a natural born Citizen . . . shall be eligible to the Office of President.” The concept of “natural born” comes from common law, and it is that law the Supreme Court has said we must turn to for the concept’s definition. On this subject, common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are “such as are born within the dominions of the crown of England,” while aliens are “such as are born out of it.” The key to this division is the assumption of allegiance to one’s country of birth. The Americans who drafted the Constitution adopted this principle for the United States. James Madison, known as the “father of the Constitution,” stated, “It is an established maxim that birth is a criterion of allegiance. . . . [And] place is the most certain criterion; it is what applies in the United States.”

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.”

Read more:

https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html

From Gabriel J. Chin at the Michigan Law Review 2009.

John McCain, with two US Citizen parents, has questionable status.

“A. Citizenship and Natural Born Citizenship by Statute

According to the Supreme Court in United States v. Wong Kim Ark, the Constitution “contemplates two sources of citizenship, and two only: birth and naturalization.” Unless born in the United States, a person “can only become a citizen by being naturalized . . . by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens . . . .” A person granted citizenship by birth outside the United States to citizen parents is naturalized at birth; he or she is both a citizen by birth and a naturalized citizen. This last point is discussed thoroughly in Jill A. Pryor’s 1988 note in the Yale Law Journal, The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty.

The Supreme Court holds that the citizenship statutes are exclusive; there is no residual common-law or natural-law citizenship. Citizens have no constitutional right to transmit their citizenship to children. In Rogers, the Supreme Court upheld a statute requiring children born overseas to citizen parents to reside in the United States to retain their citizenship. Since “Congress may withhold citizenship from persons” born overseas to citizen parents or “deny [them] citizenship outright,” it could impose the lesser burden of requiring U.S. residence to retain citizenship.

Congressional power to withhold citizenship from children of U.S. citizens is not hypothetical; for decades, it was law, and to some extent still is. The Tribe-Olson Opinion proposes that “[i]t goes without saying that the Framers did not intend to exclude a person from the office of the President simply because he or she was born to U.S. citizens serving in the U.S. military outside of the continental United States . . . .” However, the Seventh Congress, which included Framers Gouverneur Morris and Abraham Baldwin among others, did precisely that. In 1961 in Montana v. Kennedy, the Supreme Court construed an 1802 statute to mean that “[f]oreign-born children of persons who became American citizens between April 14, 1802 and 1854, were aliens . . . .” Thus, children of members of the armed forces serving overseas, and diplomats and civil servants in foreign posts, were not only not natural born citizens eligible to be president, they were not citizens at all.

Denial of automatic citizenship had very different implications than it would now because until the late nineteenth century, there was little federal immigration law. There were no general federal restrictions on who could enter the country, no provisions for deportation of residents who became undesirable, and immigration officials to deport them. Of course, these children could become citizens by individual naturalization. But even if the child suffered based on lack of citizenship, according to the 1907 Supreme Court decision in Zartarian v. Billings, “[a]s this subject is entirely within congressional control, the matter must rest there; it is only for the courts to apply the law as they find it.””

Available at the Wayback Machine:

https://web.archive.org/web/20091007052748/http://www.michiganlawreview.org/articles/why-senator-john-mccain-cannot-be-president-eleven-months-and-a-hundred-yards-short-of-citizenship

And Citizen Wells January 13, 2011.

https://citizenwells.com/2011/01/13/speaker-boehner-and-congress-legal-experts-speak-out-obama-eligibility-obama-issues/

If Ted Cruz want my and others’ support he must do the following:

Apologize to the American people for his arrogance and disregard for the US Constitution.

Immediately seek a ruling from the courts or advisory opinion from the FEC.

Citizen Wells