Tag Archives: Not natural born citizen

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

 

Ted Cruz by law not US citizen at birth, Not natural born citizen, Cruz lied, US Citizenship and Immigration Services, 1 US citizen parent and not born after November 14, 1986

Ted Cruz by law not US citizen at birth, Not natural born citizen, Cruz lied, US Citizenship and Immigration Services, 1 US citizen parent and not born after November 14, 1986

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”…US Constitution

“And if all others accepted the lie which the Party imposed
–if all records told the same tale–then the lie passed into
history and became truth. “Who controls the past,” ran the
Party slogan, “controls the future: who controls the present
controls the past.”…George Orwell, “1984″

 

 

Ted Cruz is a graduate of Harvard Law School.

He must have known the truth.

I, like Donald Trump, had good teachers.

Therefore I have good reading comprehension skills.

But this is really simple. The law has 2 parts connected by “and.”

Why did Byron York of the Washington Examiner write this?

“Then there are the people who are born outside the United States to parents who are both American citizens, provided one of them has lived in the U.S. for any period of time. And then there are the people who are born outside the United States to one parent who is a U.S. citizen and the other who is an alien, provided the citizen parent lived in the United States or its possessions for at least five years, at least two of them after age 14.”

“That last category covers Cruz, making him a citizen at birth. Last year, Theodore Olson, the former Bush solicitor general who successfully defended John McCain in a 2008 lawsuit alleging McCain was ineligible to be president, told me, “My conclusion would be that if you are a citizen as a consequence of your birth, that’s a natural-born citizen.”  That would likely be the conclusion of any challenge to Cruz’s eligibility, as well.”

http://www.washingtonexaminer.com/spokesman-senator-cruz-is-a-u.s.-citizen-by-birth/article/2523832

REALLY??

From Citizen News March 30, 2015.

From the US Government.

US Citizenship and Immigration Services

Citizenship Through Parents

There are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18.  The term “parents” includes:  the genetic father, the genetic mother, and the non-genetic gestational mother, if she is the legal parent at the time of birth under the law of the relevant jurisdiction.  For more information, seeUSCIS Policy Manual guidance on Children of U.S. Citizens.

There are two general ways to obtain citizenship through parents, one at birth and one after birth but before the age of 18. For more information, see USCIS Policy Manual guidance on Children of U.S. Citizens.

Citizenship at Birth for Children Born Outside the U.S. and its Territories

For information on who qualifies as a “child” for citizenship purposes, see USCIS Policy Manual guidance on Children of U.S. Citizens.

In a general, a Child Born Outside the U.S. is a Citizen at Birth when the Child’s Parents Are Married to each other at the Time of Birth IF… AND…
Both parents are U.S. citizens at the time of birth, At least one parent lived in the U.S. or its territories prior to the birth.
One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986 The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14thbirthday.If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

  • Serving honorably in the U.S. armed forces;
  • Employed with the U.S. government; or
  • Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

 

http://www.uscis.gov/us-citizenship/citizenship-through-parents

 

Ted Cruz had 1 US citizen parent but was not born after November 14, 1986.

Cruz became a citizen after birth.

Cornell Law School.

“Natural born citizen

A phrase denoting one of the requirements for becoming President or Vice-President of the United States. Anyone born after the adoption of the U.S. Constitution in 1787 must be a “natural born Citizen” of the United States to constitutionally fill the office of President or Vice-President. See U.S. Const. art. II, § 1; id. at amend. XII.

Some debate exists as to the meaning of this phrase. Consensus exists that anyone born on U.S. soil is a “natural born Citizen.” One may also be a “natural born Citizen” if, despite a birth on foreign soil, U.S. citizenship immediately passes from the person’s parents.”

Ted Cruz did not immediately receive citizenship on birth from parents and is NOT a natural born citizen.

Case closed!

http://citizenwells.net/2015/03/30/ted-cruz-not-us-citizen-at-birth-cruz-lied-not-natural-born-citizen-us-citizenship-and-immigration-services-1-us-citizen-parent-and-not-born-after-november-14-1986/

Once again, that’s an “and” 

 

 

 

Donald Trump questions Ted Cruz eligibility, Cruz born in Canada, Not natural born citizen, Section one article two US Constitution, McCain 2 US citizen parents born on US base

Donald Trump questions Ted Cruz eligibility, Cruz born in Canada, Not natural born citizen, Section one article two US Constitution, McCain 2 US citizen parents born on US base

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“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

“And if all others accepted the lie which the Party imposed–if all records told the same tale–then the lie passed into history and became truth. “Who controls the past,” ran the Party slogan, “controls the future: who controls the present controls the past.”…George Orwell, “1984″

 

 

Why did WND leave out part of the constitution below:

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”

From WND March 24, 2015.

“Billionaire businessman Donald Trump – who’s recently made moves toward a 2016 White House run – reacted swiftly to Sen. Ted Cruz’s announced presidential campaign kick-off, saying on MyFoxNY the fiery Texan still has a substantial obstacle to overcome: His birth place.

“Well, he’s got, you know, a hurdle that nobody else seems to have at this moment,” Trump said, in reference to Cruz’s Canadian place of birth. “It’s a hurdle and somebody could certainly look at it very seriously. He was born in Canada … if you know … and when we all studied our history lessons … you’re supposed to be born in this country, so I just don’t know how the courts would rule on it. But it’s an additional hurdle that he has that no one else seems to have.””

“Cruz isn’t the only presidential candidate to have his eligibility questioned in regards to birth place. Sen. John McCain, who was born in the Panama Canal Zone while his father served in the military, fought off a brief court challenge to his eligibility to serve as president during his run for the high office in 2008, Politifact reported. And of course, President Obama’s stated birth place of Hawaii has been an item of controversy for years, with many – including Trump, at points – insisting he was born in Kenya.

Section One, Article Two of the Constitution states “no person except a natural born citizen, or citizen of the United States … shall be eligible to the office of president.” But the document doesn’t define “natural born citizen,” and that’s where the differences of opinion arise. The Supreme Court, meanwhile, has never clarified.

“The origins of the Natural Born Citizenship Clause date back to a letter John Jay (who later authored several of the Federalist Papers and served as our first chief justice) wrote to George Washington, then president of the Constitutional Convention, on July 25, 1787,” wrote Sarah Helene Duggin, professor of law and director of the Law and Public Policy Program at Columbus School of Law at Catholic University of America, in a 2013 post for the National Constitution Center.

She went on: “At the time … framers worried about ‘ambitious foreigners who might otherwise be intriguing for the office.’ … [So] the natural-born citizenship language appeared in the draft Constitution the Committee of Eleven presented to the Convention. There is no record of any debate on the clause.””

Read more:

http://www.wnd.com/2015/03/donald-trump-goes-birther-on-ted-cruz/