Sunday, January 10, 2016

 
IS TED CRUZ A NATURAL BORN CITIZEN?

My straight up and down view is YES. 

The LA Times summed up the problem in simple terms.

"It's a neat irony: The most conservative constitutional interpreters must find Cruz ineligible to be president; liberals must grin and bear him. Cruz himself purports to embrace originalism as the correct view of the Constitution. To be faithful to his understanding of what the Constitution means, the senator may have to disqualify himself."

To buy into Trump's argument you have to believe not withstanding the equal protection rights found in the constitution, citizenship can only be transferred through the father and not the mother. 

There were two legal concepts at the time the constitution was written - both of which would disqualify Cruz.  The problem is shortly after the signing of the constitution congress made clear.

"in 1790, Congress passed a law stating that “the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States shall be considered as natural born Citizens.”

In statutory construction the courts presume the legislature knew the law of the time and the meaning of terms.  Based on this well established concept of statutory construction, Congress knew if they wanted to limit the passing of citizenship through the father, they could have put it into the law.

But I love how if this matter go to federal court, the Originalist Antonin Scalia is going to have to dance around the law which would have Cruz disqualified and Cruz himself is going to have to argue the Originalist argument is wrong.

ANOTHER FACTOR

I remember the military telling my brothers that their sons - one born in the UK and the other in Germany, would not be considered natural born citizens, although their births to military personnel was immediately registered with the Embassy.

Obviously this argument has been around for a long time.

But in simple terms are we prepared to tell all of our military personnel serving this country overseas that their children born outside the U.S. can never be president of the U.S.?

Trump and his moronic followers need to stop this endless birthers nonsense and move onto substance.

2 comments:

Unknown said...

If Arnold did not share his Rod with his Staff he would be in line for the whitehouse no questions asked.

BobbyWC said...

Arnold's case is black and white - neither parent was a U.S> citizen and he was not born in the U.S. Also remember by the time Arnold left office he was not exactly the hero of the Republican Party any more

Bobby WC