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elleng

(131,053 posts)
3. No rumor, he was born in Canada, and in my opinion
Mon Feb 1, 2016, 11:25 PM
Feb 2016

and that of others is not eligible to serve as President.

 

FreakinDJ

(17,644 posts)
5. My understanding of immigration law ......
Mon Feb 1, 2016, 11:27 PM
Feb 2016

Unless his American parent registered his birth with the consulate within 6 weeks of his birth -- No he is not eligible

elleng

(131,053 posts)
7. It's not immigration law,
Mon Feb 1, 2016, 11:29 PM
Feb 2016

no doubt he's a citizen; its the Constitution that requires a potus must have been 'natural born.' He wasn't.

 

FreakinDJ

(17,644 posts)
8. There is a provision to register a forign birth of an American Citizen
Mon Feb 1, 2016, 11:31 PM
Feb 2016

and yes that qualifies as a Natural Born American Citizen

elleng

(131,053 posts)
10. It's untested, 'natural born' re: Potus,
Mon Feb 1, 2016, 11:36 PM
Feb 2016

and as it's in the CONSTITUTION, congress can't change it by legislation.

 

FreakinDJ

(17,644 posts)
11. Interesting Definition
Mon Feb 1, 2016, 11:41 PM
Feb 2016
The U.S. Constitution uses but does not define the phrase "natural born Citizen", and various opinions have been offered over time regarding its precise meaning. The consensus of early 21st-century constitutional scholars, together with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States. Many scholars have also concluded that those who meet the legal requirements for U.S. citizenship "at the moment of birth", regardless of place of birth, are also natural born citizens, but the matter remains unsettled.[2][3]


https://en.wikipedia.org/wiki/Natural-born-citizen_clause

elleng

(131,053 posts)
12. Ted Cruz is not eligible to be president.
Mon Feb 1, 2016, 11:43 PM
Feb 2016

by Mary Brigid McManamon January 12
Mary Brigid McManamon is a constitutional law professor at Widener University’s Delaware Law School.

'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. . . . 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.' >>>

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

 

FreakinDJ

(17,644 posts)
13. That is only 1/2 of English jurist William Blackstone's comments
Mon Feb 1, 2016, 11:52 PM
Feb 2016
... the king has also the prerogative of conferring privileges 53 upon private persons. Such as granting place or precedence to any of his subjects, as shall seem good to his royal wisdom:g or such as converting aliens,54 or persons born out of the king's dominions, into denizens; whereby some very considerable privileges of natural-born subjects are conferred upon them. Such also is the prerogative of erecting corporations;55 whereby a number of private persons are united and knit together, and enjoy many liberties, powers, and immunities in their politic capacity, which they were utterly incapable of in their natural. Of aliens, denizens, natural-born, and naturalized subjects, I shall speak more largely in a subsequent chapter;

http://www.constitution.org/abus/pres_elig.htm
 

FreakinDJ

(17,644 posts)
20. Since when is a military base sovereign territory
Tue Feb 2, 2016, 12:10 AM
Feb 2016

The registering of a Foreign Birth of a American Citizens was written into law just for that purpose

If your born midway on a flight from Hawaii to California your ineligible ???

elleng

(131,053 posts)
19. Maybe or not, whatever, he was not born within the U.S.
Tue Feb 2, 2016, 12:09 AM
Feb 2016

He may have become a citizen due to action of his parents later.

 

FreakinDJ

(17,644 posts)
21. Much later which is my point
Tue Feb 2, 2016, 12:13 AM
Feb 2016

like when his parents wanted to move back several years later

and thanks for the discussion

 

FreakinDJ

(17,644 posts)
15. Here is an easier to read definition
Tue Feb 2, 2016, 12:04 AM
Feb 2016

First off - I don't think his parents registered his birth with the consulate properly so all that I'l saying is mute. Ted Cruz by every sense is ineligible to hold office

Now this guy supports your argument

Necessary and Sufficient Conditions. A given person is a natural born Citizen of the United States if and only if:
1. The person was born in the United States,
2. Both parents of the person were Citizens of the United States when that person was born, and
3. The person has been a Citizen of the United States, since birth.


(Note: Here, and in the United States Constitution, the phrase Citizen of the United States means a person domiciled in the United States, for whom rights, privileges and immunities are set forth in the United States Constitution.)

http://www.greschak.com/essays/natborn/synopsis.htm



but he also had this on his website

Proposed Natural Born Citizen Amendment to the United States Constitution.

No person shall be a Citizen of the United States who is not domiciled, either by choice or dependency, in the United States. A native born Citizen of the United States is a person who was born in the United States, and has been, since birth, a Citizen of the United States. A natural born Citizen of the United States is a native born Citizen of the United States, born exclusively of Citizens of the United States. A naturalized Citizen of the United States is a Citizen of the United States who is not a natural born Citizen of the United States.



So lets disqualify him for being a bigoted piece of shit

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